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b. No provision of this Interlocal Agreement shall be construed to impair <br />Harrisburg's right to annex any property in its Utility Service Area, except to the extent <br />that such an annexation by law would require Harrisburg to provide water and/or sewer <br />utility service to a property that would violate the terms of this Interlocal Agreement. In <br />such cases, Harrisburg may annex, but decline to provide utilities. <br />7. The parties understand and acknowledge that a breach of this Interlocal <br />Agreement would accord the non - breaching party an inadequate remedy at law and that <br />injunctive relief and specific performance would be the only effective remedies. The <br />parties agree that the non - breaching party may seek and obtain injunctive relief and <br />specific performance to enforce the terms of this Interlocal Agreement. The prevailing <br />party in any such litigation shall be entitled to recover its attorneys fees and cost of <br />litigation from the party which defaults or breaches the Interlocal Agreement. <br />8. Should Harrisburg breach this Interlocal Agreement by extending water and <br />sewer utility services to property located in Area i or 2, other than the provision <br />described in Paragraph 3 above, the County as an additional remedy may withhold <br />issuing building permits for development of such property. Should the County breach <br />this Interlocal Agreement, Harrisburg is not required to extend water and sewer utilities <br />to any development approved by the County in derogation of this Agreement, nor is <br />Harrisburg required to continue to follow this Agreement. <br />9. This document contains the entire agreement between the parties with <br />reference to the matters contemplated by such writings. No modification or amendment <br />shall be valid and enforceable unless reduced to writing and signed by all the parties. <br />IN WITNESS, the parties have each executed this Interlocal Agreement by their <br />respective authorized officials pursuant to the authority specifically granted by their <br />respective governing boards. <br />, <br />, ���.�� A 4tttsBUg Q � j W , N OF HARRISBURG CABARRUS COUNTY <br />�� •° <br />R � By: <br />• imoth . ag a H. Jay White, Sr. <br />w $ <br />o f � Mayor Commission Chair <br />EST: ATTEST: <br />Ja t Rackley Kay Honeycutt <br />Town Clerk Clerk to the Board of Commissioners <br />WATER AND SEWER DISTRICT <br />OF CABARRUS COUNTY <br />Attachment number 1 <br />F -4 Page 45 <br />