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<br />(3) Non-performance shall not be excused because of a failure of a third <br />person. <br /> <br />(4) Adoption of a law or other governmental activity making performance by <br />the applicant unprofit.able or more difficult or more expensive does.not excuse <br />the performance of the obligations by the Developer hereunder. <br /> <br />(5) All other remedies at law or in equity which are not inconsistent with <br />the provisions of thie . Agreement or are available to the par.ties to pursue in <br />the event there is a breach, may be pursued by the applicable party. <br /> <br />5.1.3 Damages Upon Tetmination, In no event shall Developer be entitled to any <br />damages against Cabarl;'Us County upon termination of this Agreement. <br /> <br />5.14 Institution of I.egal Action. In addition to any other rights or <br />remedies, either .party may institut~ legal action to cure, correct, or remedy <br />any default or bre.ach, 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 the <br />County of Cabarrus., State of N. C '.' or in the Federal District Court in the <br />Middle District, and the parties hereto submit to .the personal jurisdiction of <br />such courts without application of any conflicts of laws provisions of any <br />jurisdiction. . . <br /> <br />IN WITNESS 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 Board of Commissioners, authorizing suchexecution,and by <br />a duly authorized representative.of Developer. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTy, North Carolina <br /> <br />By: <br /> <br />" <br /> <br />Authorized Sign~t~e <br /> <br />DEVELOPER, Lennar Carolina, tne. <br /> <br />By: <br /> <br />Authorized Signature <br /> <br />[Attach Dotarized certificate of Developer's executing party's authority to .execute] <br />State of <br /> <br />I, , Notary Public, certity that <br />personally came before me this day and acknowledged that hclshe is <br />,a corporation, and that helshe, lIB <br />being authorized to do so, executed the foregoing on behalf of the eorporation. <br /> <br />(official) <br /> <br /> <br />County of <br /> <br />(title) of <br /> <br />(title) <br /> <br />Witness my hand and official seal this the <br /> <br />day of <br /> <br />,20_. <br /> <br />My commission expires <br /> <br />Notary Public <br /> <br />-.-p:-$ <br />