Agenda Package - 10-1-12 Reg. Meeting

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r �J 7 agrees that it will pay on demand to the Seller, subject to the limitations and provisions of Section 6 -21.2 of the General Statutes of North Carolina, as amended, the reasonable fees of such attorneys and such other expenses so incurred by the Seller. For purposes of this Section, the reasonable fees of attorneys shall mean attorneys' fees actually incurred at such attorneys' standard hourly rate for such services and shall not be based on any percentage of the outstanding amount due; provided, however that such attorneys' fees shall not exceed the maximum amount permitted by law .............. .....................17 y............................................ ........ SECTION 9.5. No Additional Waiver Implied by Onc Waiver In the event any provision contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder except as may be provided by law .. ..............................1 S ARTICLE X 19 PREPAYMENT OF INSTALLMENT PAYMENTS MISCELLANEOUS 20 19 SECTION 11.1. Notices All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed to have been received upon the earlier of actual receipt or three days after deposit in the United States first- class, registered or certified mail (unless otherwise provided herein), postage prepaid, at the (ollocving addresses: .............................................. 20 SECTION 11.2. Binding Effect This Agreement shall be binding upon and inure to the benefit of the Purchaser and the Seller and their respective successors and assigns. Whenever in this Agreement either the Purchaser or the Seller is named or referred to, such reference shall be deemed to include the successors or assigns thereof and all the covenants and agreements in this Agreement contained by or on behalf of the Purchaser or the Seller shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not .......................................... .............................20 SECTION 11.3. Severability In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof ..........20 SECTION 11.4. Execution in Counterparts This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument .................. .............................20 SECTION 11.5. Applicable Law This Agreement shall be construed and governed in accordance with the laws of the State of North Carolina ...........................20 IN WITNESS WHEREOF, the Purchaser and the Seller have caused this Agreement to be executed in their respective names by their respective duly authorized officers as of the date first above written ...................... .............................21 vi