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Section 3.02 Failure to Perform Obligations. Failure to comply with any or all of the <br />covenants set forth in this Agreement shall not entitle JBI to terminate access, but shall only give <br />rise to an action for damages. <br />ARTICLE IV. MISCELLANEOUS <br />Section 4.01 Rights Cumulative. All rights, powers and privileges conferred <br />hereunder shall be cumulative and in addition to or not to the exclusion of those provided by law <br />or equity. <br />Section 4.02 Applicable Law. This Agreement shall be governed and construed in <br />accordance with the laws of the State of North Carolina without regard to principles of conflict of <br />laws. <br />Section 4.03 Severability. If any term, covenant, or condition of this Agreement or <br />the application thereof to any person or circumstance shall, to any extent, be illegal, invalid, or <br />unenforceable, the remainder of this Agreement or the application of such term, covenant or <br />condition to any person or circumstance other than that as to which it shall be invalid or <br />unenforceable, shall not be affected thereby, and each term, covenant and condition of this <br />Agreement shall be valid and enforceable to the full extent permitted by law. <br />Section 4.04 Headings. The titles of the various subdivisions of this Agreement are <br />for convenience only and shall not be considered in construing this Agreement. <br />Section 4.05 Binding Effect. All covenants contained herein shall constitute <br />covenants running with the land. All the terms, conditions and provisions of this Agreement shall <br />inure to the benefit of and be binding upon the parties and their successors and assigns, and upon <br />any person or persons coming into ownership or possession of any interest in either parcel by <br />operation of law or otherwise. <br />Section 4.06 Amendments. This Agreement may only be amended by the agreement <br />in writing of the parties or their successors and assigns. <br />IN WITNESS, the parties have caused this Agreement to be executed and delivered under <br />seal as of the day and year first written above. <br />CABARRUSCOUNTY <br />ATTEST <br />Clerk to the Board <br />(SEAL) <br />County Manager <br />ma <br />JOSEPH BROTHERS, INC. <br />By: <br />President <br />ATTEST: <br />F -2 <br />Attachment number 1 <br />Page 59 <br />