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1 <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br />1 <br /> <br />(2) A finding and determination made by Cabarrus County <br />following a periodic review that upon the basis of <br />substantial evidence the Developer has not complied in go <br />faith with one or more of the terms or conditions of this <br />Agreement. <br />(3) Any other event, condition, act or omission which <br />materially interferes with the intent and objectives of <br />this Agreement. <br />5.1.2 Procedure upon Default. <br />(1) Upon the occurrence of default, County shall give Developer (the <br />"defaulting party") thirty (30) days written notice specifying the nature o. <br />the alleged default and, when appropriate, the manner in which said default <br />be satisfactorily cured. After proper notice and expiration of said thirty <br />day cure period without cure, Cabarrus County may execute any remedy availa] <br />to it hereunder and under applicable law, rule, regulation or ordinance, and <br />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 />(4) 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 obligations 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 <br /> remedies, either party may institute legal action to cure, correct, or remedy <br /> any default or breach, to specifically enforce any covenants or agreements set <br /> forth in the Agreement or to enjoin any threatened or attempted violation of <br /> the Agreement; or to obtain any remedies consistent with the purpose of the <br /> Agreement. Legal actions shall be instituted in the Superior Court of Cabarrus <br /> County, North Carolina, and the parties hereto submit to the personal <br />' jurisdiction of such courts without application of any conflicts of laws <br /> provisions of any 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 ,2008. <br /> CABARRUS COUNTY, NORTH CAROLINA <br /> COUNTY MANAGER <br />' By. <br /> Authorized Signature Date <br /> DEVELOPER: Weddington Road Properties, LLC <br /> By. <br /> Authorized Signature Date <br />' Title: for Weddington Road Properties LLC <br /> Itern# 30 <br /> 6 <br />Attachment number 2 <br /> G_5 Pege 440 of 468 <br />