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"hard costs" of removing improvements erected thereon by Buyer, excluding architectural and loan fees and real estate commissions • actually paid and excluding the amount of Buyer's earnest money deposit. Section 10. Miscellaneous. 10.1 Any notice, election, or consent required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given when hand - delivered or when delivered by the United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To Authority• To Buyer: Charlottesville Industrial Market St. LLC Development Authority James Stultz,Managing Partner c/o James Gahres P.O. Box 911 Charlottesville, VA 22902 with a cony to• with a copy to: W. Clyde Gouldman, II City Attorney P.O. Box 911 • Charlottesville, VA 22902 10.2 The terms, provisions, representations, warranties, covenants, and undertakings set forth in this Agreement shall survive the closing of the transaction contemplated hereby. This Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, and nominees. 10.3 Each party represents to the other that no real estate agent, broker, or finder has been involved in this transaction and each party agrees to indemnify the other for any liability from any claims, action, or causes of action against such other party for any such claim. 10.4 If any provision of this Agreement, or the application of this Agreement in any circumstance, is deemed to be unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain enforceable. 10.5 This Agreement shall be governed by the laws of the Commonwealth of Virginia. 10.6 This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and • Page 6