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BK -00028 PG -0138 specific performance is not available to Seller, Seller shall be entitled to sue Purchaser for money damages. 12. Damage and Destruction to Improvements. In the event that any improvement on the Property is destroyed or substantially damaged after the acceptance of this Agreement and before Closing, Purchaser, at its election, may cancel this Agreement or may elect to close under this Agreement and receive such insurance as is paid on the claim of loss. This election is to be exercised on or before the earlier to occur of the date set for Closing or the date ten (10) days after the Purchaser has been notified in writing by Seller of such destruction or damage. 13. Survival. None of the warranties, representations, covenants, terms, and conditions set forth in this Agreement shall be merged into the documents executed and delivered at Closing. Instead, any and all representations, covenants, terms, conditions, and warranties contained in this Agreement shall survive the Closing. 14. Liabilities. Purchaser is not and shall not be deemed to be a successor to Seller. Purchaser is acquiring only the Property. Purchaser has not assumed or agreed to assume any liability whatsoever of Seller, and Purchaser does not assume or agree to assume any obligation of Seller under any contract, agreement, indenture, or any other document to which Seller is a party or by which Seller is to be bound or which in any manner affects the Property or any part hereof, except as expressly agreed to herein by Purchaser. 15. Existing Leases. Upon Closing, Purchaser agrees to allow any existing renters, with current leases of a term that is equal to or less than six (6) months in duration, a time period of six (6) months to vacate the building. Any current leases that are longer than six (6) months but less than two (2) years shall also be honored by Purchaser. Upon execution of this Agreement and prior to Closing, Seller agrees to provide a copy of all current Lease Agreements to Purchaser. 16. Risk of Loss. Prior to Closing, risk of loss or damage to the Property, but excluding loss or damage caused by Purchaser's negligence or willful misconduct, shall be on Seller. Upon Closing, risk of loss to the Property shall be on Purchaser. 17. Notice. Any notice required or permitted under this Agreement must be in writing, signed by the party giving the notice or by its attorney at law, and shall be deemed to be delivered, whether or not actually received, when the notice has been deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, or when received if hand delivered or delivered by express courier, as the case may be, addressed to the party to whom such notice is sent at the address set forth below: "Purchaser's Notice Address" shall be as follows: County of Lee Attn: County Manager P.O. Box 1968 Sanford, NC 27331-1968 "Seller's Notice Address" shall be as follows: