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<br />' be deemed to refer to other developed and subdivided properties in Cabarrus
<br />County.
<br />' 4.4 Duration. The term of this Agreement shall commence on and become
<br />effective the date of final subdivision approval from Cabarrus County. The term
<br />of this Agreement shall extend for a period of two years following that
<br />effective date unless the Agreement is earlier terminated, or its term
<br />modified. The term of this Agreement shall automatically be extended for a
<br />' period of two years following the filing of each record plat for a portion of
<br />the Project, in accordance with Cabarrus County Zoning Ordinance and any
<br />applicable Cabarrus County regulations.
<br />4.5 Mutual Releases. At the time of, and subject to: (i) the expiration of
<br />any applicable appeal period with respect to the approval of this Agreement
<br />without an appeal having been filed; or (ii) the final determination of any
<br />court upholding this Agreement, whichever occurs later, and excepting the
<br />parties' respective rights and obligations under this agreement; Developer, on
<br />' behalf of itself and Developer's partners, officers, directors, employees,
<br />agents, attorneys and consultants, hereby release Cabarrus County and Cabarrus
<br />County board members, officials, employees, agents, attorneys and consultants,
<br />from and against any and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, whether known or unknown, and whether liquidated or
<br />' contingent, arising on or before the date of this Agreement in connection with
<br />the application, processing or approval of the Crescent Heights Project.
<br />4.6 State and Federal Law. The parties agree, intend and understand that the
<br />obligations imposed by this Agreement are only such as are consistent with
<br />state and federal law. The parties further agree that if any provision of this
<br />Agreement becomes, in its performance, inconsistent with state and federal law
<br />or is declared invalid, this Agreement shall be deemed amended to the extent
<br />necessary to make it consistent with state or federal law, as the case may be,
<br />' and the balance of the Agreement shall remain in full force and effect.
<br />4.7 Enforcement. The parties to this Agreement recognize that, in addition to
<br />other remedies that may be available, Cabarrus County has the right to enforce
<br />its rules, policies, regulations, ordinances, and the terms of this Agreement
<br />' by seeking an injunction to compel compliance with the terms of this Agreement.
<br />In the event that the Developer or any user on the subject property violates
<br />the rules, policies, regulations or ordinances of Cabarrus County or violates
<br />the terms of this Agreement, Cabarrus County may, without seeking an injunction
<br />and after ten (10) days' notice to correct the violation, take such actions as
<br />' shall be deemed appropriate under law until such conditions have been honored
<br />by the Developer. Cabarrus County shall be free from any liability arising out
<br />of the exercise of its rights under this paragraph.
<br />' 4.8 No Waiver. Failure of a party hereto to exercise any right hereunder
<br />shall not be deemed a waiver of any such right and shall not affect the right
<br /> of such party to exercise at some future time said right or any other right it
<br /> may have hereunder. No officer, official or agent of Cabarrus County has the
<br /> power to amend, modify or alter this Agreement or waive any of its conditions
<br /> as to bind Cabarrus County by making any promise or representation not
<br />' contained herein.
<br /> 4.9 Entire Agreement. This Agreement constitutes the entire agreement between
<br /> the parties and supersedes all prior agreements, whether oral or written,
<br /> covering the same subject matter. This Agreement may not be modified or amended
<br />t except in writing mutually agreed to and accepted by both parties to this
<br /> Agreement.
<br /> 9.10 Attorneys Fees. Should any party hereto employ an attorney for the
<br /> purpose of enforcing this Agreement, or any judgment based on this Agreement,
<br />' for any reason or in any legal proceeding whatsoever, including insolvency,
<br /> bankruptcy, arbitration, declaratory relief or other litigation, including
<br /> appeal or rehearings, and whether or not an action has actually commenced, each
<br />' party shall be responsible for their own attorneys' fees and all costs and
<br />expenses, unless any judgment or final order be issued in that proceeding
<br /> specifying otherwise.
<br /> 4.11 Notices. All notices hereunder shall be given in writing by certified
<br /> mail, postage prepaid, at the following addresses:
<br />' Cabarrus County, P.O. Box 707, Concord, North Carolina 28026-0707
<br /> Developer: Curry Architecture, LLC, 971 High Street NE, Suite 10,
<br /> Salem, OR 97301.
<br />
<br />' Item# 3
<br />Attachment number 2
<br />E-1 ss oraoe
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