|
<br />4.5 Mutual Relea~es. At the time of, and subject to: (i) the expiration of
<br />any applicable app.al period with respect to .the approval of this Agreement
<br />without an appeal having been filed; or (ii) the final determination of any
<br />court upholding this Agreement, whichever occurs later, and excepting the
<br />parties' respectiv. rights and obligations under this Agreement; Developer, on
<br />behalf of itself a~d Developer's partners officers, directors, employees,
<br />agents, attorneys and consultants, hereby release.Cabarrus County and Cabarrus
<br />County board members, officials, employees, agents, attorneys and consultants,
<br />from and against any and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, whether known or unknown, and whether liquidated or
<br />contingent, arising on or before the date of this Agreement in connection with.
<br />the application, p~ocessing or approval of the Mountain Laurel Project.
<br />
<br />4.6 State and Fe eral Law. The parties agree, intend and understand. that the
<br />obligations impose by this Agreement are only such as are consistent with
<br />state and federal law. The parties further agree that if any provision of this
<br />Agreement becomes, :in its performance, inconsistentw1th state or federal law
<br />or is declared invalid, this Agreement shall be deemed amended to t.he extent
<br />necessary to make it consistent with state or federal law, as the case may be,
<br />and the balance of the Agreement shall remain in full force and effect.
<br />
<br />4.7 Enforcement. The parties to this Agreement recognize that, in addition
<br />to other remedies that may beavailable,Cabarrus County has the right to
<br />enforce its rules,policies, regulations, ordinances, and the terms of this
<br />Agreement by seeking an injunction to compel compliance with the terms of this
<br />Agreement. In the ,vent that Developer or any user on the subject property
<br />violates the rules. policies, regulations or ordinances of Cabarrus County or.
<br />violates the termscof this Agreement, Cabarrus County may, without seeking an
<br />injunction and aft*r ten (10) days' notice to correct the violation, take such
<br />actions as shall b, deemed appropriate under law until such conditions have
<br />been honored by th4 Developer. Cabarrus County shall be free from any liability
<br />arising out of t.he'exercise of its rights under this paragraph.
<br />
<br />4.8 No Waiver. 'ailure of a party hereto to exercise any right hereunder
<br />shall not be deemed a waiver of any such right and shall not affect the right
<br />of such party to exercise at some future time said right or any other right it
<br />may have hereunder. No officer, official or agent of Cabarrus County has the
<br />power to amend, modify or alter this Agreement or waive any of its conditions
<br />as to bind Cabarrus County by making any promise or representation not
<br />contained herein.
<br />
<br />4.9 Entire Agree,ent. This Agreement constitutes the. entire agreement
<br />between the partie, and supersedes all prior agreements, whether oral. or
<br />written, covering the same subject matter. This Agreement may not be modified
<br />or amended except in writing mutually agreed to.and accepted by both parties to
<br />this Agreement. .
<br />
<br />4.10 Attorneys Fe,s. Should any party hereto employ an attorney for the.
<br />purpose of enforcing this Agreement, or any judgment based on this Agreement,
<br />for any reason or in any legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitr.tion, declaratory relief or other litigation, inCluding
<br />appeals or rehearings, and whether or not an action has actually commenced,
<br />each party shall b. responsible for their own attorneys' fees and all costs and
<br />expenses, unless aliy judgment or final order be issued in that proceeding,
<br />specifying otherwi,e.
<br />
<br />4.11 Notices. All notices hereunder shall be given in writing by certified
<br />mail, postage prep.id, at the following addresses:
<br />
<br />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026-0707
<br />Developer: 1330 South Boulevard, Suite K, Charlotte, North Carolina
<br />28203
<br />
<br />4.12 Applicable L.w. This Agreement is entered into under and pursuant to,
<br />and is to be constTUed and enforceable in accordance with, the laws of the
<br />State of North Carolina.
<br />
<br />4.13 Execution of: Agreement. This Agreement may be executed in multiple parts
<br />as originals or by' facsimile copies of executed originals; provided, however,
<br />if executed and evidence of execution is made by facsimile copy, then an
<br />original shall be provided to the other party within seven (7) days of receipt
<br />of said facsimile eopy.
<br />
<br />4.14 Hold Harmless. Developer agrees to and shall hold Cabarrus County, its,
<br />officers, agents, employees, consultants, special counsel and representatives
<br />
<br />f="- (
<br />
|