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of the Land and Water Conservation Fund Program, project numbers 37-00799 and 37-00940; <br />and the North Carolina Parks and Recreation Trust Program, project number 97-23. Provided, <br />however, in the event this agreement or the property transfer contemplated herein are not <br />authorized by the United States Secretary of the Interior, and/or by such other federal, state and <br />local entities which may have jurisdiction, then this agreement shall be void and of no further <br />force or effect. <br /> <br /> Section 7. Indemnity. From and after execution of this Agreement and upon <br />performance by Counties as contemplated by this agreement, City shall and does agree to <br />indemnify and hold Counties harmless, and each of them, from and against all claims, actions, <br />demands, expenses and judgments for loss, damage or injury arising out of City's use of the <br />Park, any breach or default in performance of City's obligations under this agreement or other <br />actions or omissions of City. <br /> <br />Section 8. Miscellaneous. Each parties to agreement further agree as follows: <br /> <br />(a) <br /> <br />Without further consideration, each party shall at any time, and <br />from time to time, execute and deliver to any other party such <br />further documents, and take such other action, as any other party <br />may reasonably request in order to effectuate the purposes of this <br />agreement. <br /> <br />Co) <br /> <br />All understandings and agreements heretofore had between the <br />parties are merged in this agreement and the related agreements <br />executed in conjunction with this agreement, all of which together <br />fully and completely express their agreement, and no <br />representations or warranties have been made by any party to <br />another party except as are herein expressly set forth or required <br />pursuant to this agreement and the related agreements executed in <br />conjunction with this agreement. <br /> <br />(c) <br /> <br />(d) <br /> <br />The headings in this agreement are for purposes of reference only <br />and shall not limit or otherwise affect any of the terms hereoff <br />This agreement shall be binding upon and shall inure to the benefit <br />of the parties hereto and their respective heirs, legal <br />representatives, successors and assigns. <br /> <br />(e) <br /> <br />Waiver by a party of a breach of any provision of this agreement <br />shall not operate as nor be construed as a waiver of any subsequent <br />breach thereof. <br /> <br />(f) <br /> <br />This agreement shall not be amended except by a writing executed <br />by all parties. <br /> <br /> <br />