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may be entitled to terminate or amend this Agreement in accordance with the procedures adopted by Cabarrus County. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. Exercise of any remedy available to Cabarrus County does not preclude exercise of any other remedies available to Cabarrus County, any of which may be exercised independently or concurrently. (2) Cabarrus County does not waive any claim of defect in performance by Developer, if on periodic review Cabarrus County does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (9) Adoption of a law or other governmental activity making performance by the applicant unprofitable or more difficult or more expensive does not excuse the performance of the obligations by the Developer hereunder. (5) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement or are available to the parties to pursue in the event there is a breach, may be pursued by the applicable party. 5.3 Damages Upon Termination, In no event shall Developer be entitled to any damages against Cabarrus County upon termination of this Agreement. 5.9 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of Cabarrus County, North Carolina, and the parties hereto submit to the personal jurisdl ction of such courts without application of any conflicts of laws provisions of any jurisdiction. IN WITNE88 WHEREOF, this Agreement has been executed by Cabarrus County, acting by and through its Commerce Department, pursuant the approval of the Project by the Cabarrus County Board of Commissioners, authorizing such execution, and by a duly authorized representative of Developer. Dated this day of ,2008. CAHARRUS COUNTY, NORTH CAROLINA COUNTY MANAG&R By: Authorized Signature Date DEVELOPER: David Wightman Homea, Inc. By: Authori zed.Signature Title for David Wightman Homes, Inc, "APPROVED AS TO FORM" By: Authorized Signature Ddte G-I