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9. EARNEST MONE~; REMEDIES; FAILURE OF CONDITIONS: <br /> <br /> (a) In the event this offer is accepted and Buyer breaches this <br />contract prior to the closing on Tract 1, then the earnest money shall <br />be forfeited as liquidated ~mages and Seller's sole remedy. There shall <br />be no l{m~tation of Seller's r~medies in the event of a breach of this <br />contract after the closing on Tract 1. <br /> <br /> (b) In the event of the failure of any condition hereunder or any <br />breach by Seller, Buyer shall have the right to terminate this contract <br />upon written notice to the Seller. Upon such termination all earnest <br />money will be promptly refunded to Buyer, but such return shall not <br />affect any other remedy available to the Buyer. <br /> <br />1O. ASSIGNMENT: This contract maybe assigned by Buyer without Seller's <br />further consent. <br /> <br />11. SURVIVAL: <br /> <br /> If any provision herein contained which by its nature and effect is <br />required to be observed, kept, or performed after the closing, it shall <br />survive the closing and remain binding upon and for the benefit of the <br />parties hereto until observed, kept, or performed. <br /> <br />12. NOTICES: <br /> <br /> Ail notices required hereunder shall be deemed received if sent <br />certified mail, return receipt requested, or overnight delivery by <br />Federal Express, to the following addresses: <br /> <br />As to Seller: <br /> <br />As to Buyer: <br /> <br />Mr. Frank W. Clifton, County Manager <br />65 Church Street, SE <br /> <br />P. O. Box 707 <br />Concord~ NC 2802.6-0707 .. <br />Ms. Sheryl Fortner Bayko, Mananging Partner <br />Mr ~ pn~: Mmnm~n~ Partner <br /> <br />6739 Fairview Road <br />Charlotter NC 28210 <br /> <br />13. ENTIRE AGREEMENT: <br /> <br /> This contract contains the entire agreement of the parties and there <br />are no representative induc-ments or other provisions other than those <br />expressed in writing. Ail changes, additions, or deletions hereto must <br />be in writing and signed by all parties. <br /> <br />4 <br /> <br /> <br />