AG 2006 07 10 - Laserfiche WebLink

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5.1.2 Procedure upon Default. (1) Upon the occurrence of default, County shall give Developer (the "defaulting party'!) thirty (3D) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily 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 t~ terminate or amend this Agreement in accordance with the procedures adopteq 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 exercise of any other remedies available to Cabarrus County, any of which may be exercised 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 a law or other governmental activity making performance by the applicant unp~ofitable or more difficult or more expensive does not excuse the performance of the obligations by the Developer hereunder. (5) All other remedies at law or in equity which are not inconsistent with the provisions of this 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 Damaqes Upon Termination. In no event shall Developer be entitled to any damages against C~barrus County upon termination of this Agreement. 5.14 Institution of Leqal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement or to 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 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 of such courts without application of any conflicts of laws provisions of any jurisdiction. IN WITNESS WHEREOF, this Agreement has been executed by Cabarrus County, acting by and through it~ Commerce Department, pursuant the approval of the Project by the Cabarrus County Board of Commissioners, authorizing such execution, and by a duly authorized! representative of Developer. Dated this day of ,2006. CABARRUS COUNT~, North Carolina By: Authorized Signature DEVELOPER: Portra1t Homes By: Authorized Signature Title: for Portrait Homes [Attach notarized certificate of Developer's executing party's authority to execute] ~-L\-