AG 2006 06 19 - Laserfiche WebLink

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(1) Upon the occurrence of default, County shall give Developer (the "defaulting party") thirty (30) days written notice specifying the nature 0: the alleged default and, when appropriate, the manner in which said default be $atisfactorily cured. After proper notice and expiration of said thirty day'cure period without cure, Cabarrus County may execute any remedy availal to it hereunder and under applicable law, rule, regulation or ordinance, an< maybe 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 tl time of default. Exercise of any remedy available to Cabarrus County does n( preClude exercise of any other remedies available to Cabarrus County, any 0: which may be exercised independently or concurrently. (2) Cabarrus County does not waive any claim of defect in performance by Developerl if on periodic review Cabarrus County does not propose to modify terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (4) Adoption of a law or other governmental activity making performance b: the applicant unprofitable or more difficult or more expensive does not exc' the performance of the obligations by the Developer hereunder. (5) All other remedies at law or in equity which are not inconsistent wit: the provisions of this Agreement or are available to the parties to pursue the event there is a breach, may be pursued by the applicable party. 5.1.3 Damaqes Upon Termination. In no event shall Developer be entitled to damages against Cabarrus County upon termination of this Agreement. 5.1'4, Institution of Leqal Action. In addition to any other rights or remedies, either party may institute legal action to curel correct, or reme, any default or breach, to specifically enforce any covenants or agreements forth in the Agreement or to enjoin any threatened or attempted violation 0 the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Cabarrus, State of N.C., or in the Federal District Court in the Middle District, and the parties hereto submit to the personal jurisdiction such courts without application of any conflicts of laws provisions of any jurisdiction. IN WITNESS WHEREOF, this Agreement has been executed by Cabarrus County, ac by ,and through its Commerce Department, pursuant the approval of the Projec the Cabarrus County Board of Commissioners, authorizing such execution, and a duly authorized representative of Developer. Da'Qed this day of ,2006. CAPARRUS COUNTY, North Carolina By: Authorized Signature DEVELOPER: Portrait Hom.. By: Authorized Signature Title: for Portrait Homes (Attach notarized certificate of Developer's executing party's authority to ex,cute] Go-II