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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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the alleged default and, when appropriate, the manner in which said default may <br />be satisfactorily cured. After proper notice and expiration of said thirty (30) <br />day cure period without cure, Cabarrus County may execute any remedy available <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 pert odic 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 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 Dpon Termination. In no event shall Developer be entitled to any <br />damages against Cabarrus County upon termination of this Agreement. <br />5.19 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 WITNE88 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 Hoard of Commissioners, authorizing such execution, and by <br />a duly authorized representative of Developer. <br />Dated this day of 200 , <br />CAHARRUS COUNTY, NORTH CAROLINA <br />COUNTY FH~NAGER <br />Hy; <br />Authorized Signature <br />Date <br />DEVELOPER: Craecant Raeouraae, LLC <br />By: <br />Authorized Signature <br />APPROVED AB TO FORM <br />COUNTY ATTORNEY <br />By: <br />Authorized Signature <br />North Carolina <br />for Crescent Resources, LLC <br />Date <br />~I - 5 <br />
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