AG 2007 10 15 - Laserfiche WebLink

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terms of, or effects arising from this Agreement. Cabarrus County may make all reasonable decisi Ons with respect to its representation in any legal proceeding. 9.15 Rel at ionshi~ of Parties. The contractual relationship between Cabarrus County and Developer arising out of this Agreement is one of independent contractor and not agency. It is specifically understood by the parties that: (a) the Project i; a private development; (b) County has no interest in or responsibilities ~or or duty to third parties concerning any improvements to the Property unle$s the County accepts the improvements pursuant to the provisions of thiy Agreement or in connection with any applicable subdivision map approval; andi (c) As between the County and the Developer, the Developer shall have the fu],1 power and exclusive control of the Property subject to the obligations of thy Developer set forth in this Agreement. 5.1 Default. 5.1.1 Events of Default, Developer is in default under this Agreement upon the happening of one or more. of the following events or conditions: (1) '.'If a warranty, representation or statement made or '.•furnished by Developer to Cabarrus County is false or - proves to have been false in any material respect when it was ':made; (2) IA finding and determination made by Cabarrus County fol lowing a periodic review that upon the basis of ',substantial evidence the Developer has not complied in good .faith with one or more of the terms or conditions of this Agreement. (3) ', Any other event, condition, act or omission which ':materially interferes with the intent and objectives of '. this Agreement, 5.1.2 Procedure upon Default. (1) Upon the occurrence of default, County shall give Developer (the "defaulting party!') thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactoril y; cured. After proper notice and expiration of said thirty (30) day cure period without cure, Cabarrus County may execute any remedy available to it hereunder and under applicable law, rule, regulation or ordinance, and 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. ~,xercise of any remedy available to Cabarrus County does not preclude exerci se ': of any other remedies available to Cabarrus County, any of which may be exer4;ised 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. (4) Adoption of ~la law or other governmental activity making performance by the applicant unprofitable or more difficult or more expensive does not excuse the performance o~ the obligations by the Developer hereunder. (5) All other ramedies at law or in equity which are not inconsistent with the provisions of Sthis Agreement or are available to the parties to pursue in the event there is a breach, may be pursued by the applicable party. 5,1.3 Damages UpoM Termination. In no event shall Developer be entitled to any damages against Cabarrus County upon termination of this Agreement. 5.14 Institution'.of Le al Action. In addition to any other rights or remedies, either arty may institute legal action to cure, correct, or remedy any default or 6raach, to specifically enforce any covenants or agreements set forth in the Agreement orto 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 Superl or Court of Cabarrus County, North Carqlina, and the parties hereto submit to the personal G -q