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<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 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 <br />North Carolina <br /> , <br /> By: <br />' Authorized Signature Date <br /> DEVELOPER: Curry Architecture, LLC <br />' By. <br />Authorized Signature <br />Date <br /> Title: <br />t "APPROVED AS TO FORM" <br /> By: <br /> County Attorney Date <br />1 <br /> <br />1 <br /> Item# 3 <br />' Attachment number 2 <br /> E-1 101 of 406 <br />