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AG 2008 09 22
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AG 2008 09 22
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Last modified
1/28/2010 3:26:01 PM
Creation date
11/27/2017 11:28:59 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
1/28/2010
Board
Board of Commissioners
Meeting Type
Regular
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may be entitled to terminate or amend this Agreement in accordance with the <br />procedures adopted by Cabarrus County. Failure or delay in giving notice of <br />default shall not constitute a waiver of any default, nor shall it change the <br />time of default. Exercise of any remedy available to Cabarrus County does not <br />preclude exercise of any other remedies available to Cabarrus County, any of <br />which may be exercised independently or concurrently. <br />(2) Cabarrus County does not waive any claim of defect in performance by <br />Developer, if on periodic review Cabarrus County does not propose to modify or <br />terminate this Agreement. <br />(3) Non-performance shall not be excused because of a failure of a third <br />person. <br />(9) Adoption of a law or other governmental activity making performance by <br />the applicant unprofitable or more difficult or more expensive does not excuse <br />the performance of the obligation by the Developer hereunder. <br />(5) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Agreement or are available to the parties to pursue in <br />the event there is a breach, may be pursued by the applicable party. <br />5.1.3 Damages upon Termination. In no event shall Developer be entitled to any <br />damages against Cabarrus County upon termination of this Agreement. <br />5.1.9 Institution of Legal Action. In addition to any other rights or remedies, <br />either party may institute legal action to cure, correct, or remedy any default <br />or breach, to specifically enforce any covenants or agreements set forth in the <br />Agreement or to enjoin any threatened or attempted violation of the Agreement; <br />or to obtain any remedies consistent with the purpose of the Agreement. Legal <br />actions shall be instituted in the Superior Court of Cabarrus County, North <br />Carolina, and the parties hereto submit to the personal jurisdiction of such <br />courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br />IN WITNESS WHEREOF, this Agreement has been executed by Cabarrus County, acting <br />by and through its Commerce Department, pursuant the approval of the Project by <br />the Cabarrus County Board of Commissioners, authorizing such execution, and by <br />a duly authorized representative of Developer. <br />Dated this day of , 200 <br />CABARRUS COUNTY, North Carolina <br />By: <br />Authorized Signature Date <br />DEVELOPER: Curry Architecture, LLC <br />By: <br />Authorized Signature Date <br />Title: <br />"APPROVED AS TO FORM" <br />By: <br />County Attorney Date <br />Item# 26 <br />Attachment number 2 <br />Page 150 of 199 <br />
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