AG 2006 12 18 - Laserfiche WebLink

Home Browse Search

(1) Upon the occurrence of default, County shall give Developer (the "defaulting party") thirty (30) days wrltten notlce specifying the nature of the alleged default and, when appropriate, the manner in WhlCh said default may be satisfactorily cured. After proper notice and expiratlon 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 ordlnance, 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. Exercise of any remedy available to Cabarrus County does not preclude exercise of any other remedies avallable to Cabarrus County, any .of which may be exercised independently or concurrently. (2) Cabarrus County does not walve any claim of defect in performance by Developer, lf on periodic review Cabarrus County does not propose to modlfy or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (4) Adoptlon of a law or other governmental activity making performance by the applicant unprofitable 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 partles to pursue ln the event there is a breach, may be pursued by the applicable party. 5.1.3 Damages Upon Terminatlon. In no event shall Developer be entitled to any damages against Cabarrus County upon termination of thlS Agreement. 5.14 Institution of Legal Action. In addition to any other rights or remedles, either party may institute legal actlon 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 wlth the purpose of the Agreement. Legal actions shall be lnstituted 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 submlt to the personal jurisdictlon of such courts wlthout application of any conflicts of laws provisions of any Jurlsdiction. IN WITNESS WHEREOF, thlS Agreement has been executed by Cabarrus County, acting by and through its Commerce Department, pursuant the approval of the ProJect by the Cabarrus County Board of Commissioners, authorizing such executlon, and by a duly authorized representative of Developer. Dated thlS day of ,2006. CABARRUS COUNTY, North Carolina By: Authorized Signature DEVELOPER: Triune Development, LLC By: Authorized Signature for Triune Development, LLC Title: [Attach notarized certificate of Developer's executing party's authority to execute] ~-3