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<br /> <br />(3) Non-performanc. shall. not be excused because ofa failure of a third <br />person. <br /> <br />(4) Adoption of a iaw or other governmental activity making performance by <br />the applicant unprof~table or more difficult or more expensive does not excuse <br />the performance of the obligations by the Developer hereunder. <br /> <br />(5) All other reme4ies at law or in equity which are not inconsistent with <br />the provisions of th~s Agreement or are available to the parties to pursue in <br />the event there is a breach, maybe pursued by the applicable party. <br /> <br />5.1.3 Damages Upon Termination. In no event shall Developer be entitled to any <br />damages againstCaba#rus County upon termination of this Agreement. <br /> <br />5.14 Institution of ,tegal Action. In addition to any other rights or <br />remedies, either par~y may institute legal action to cure, correct, or remedy <br />any default or breacli, 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 />XN WITHBSS WHBRBOF, this Agreement has been executed by CabarrusCounty, acting <br />by and through its C~erce Department, pursuant the approval of the agreement <br />by the Cabarrus coun~y .Board of Commissioners. authorizing such execution, and <br />by a duly authorizedi.representative of Developer. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2004. <br /> <br />CABARRUSCO~, North Carolina <br /> <br />IlBVBLOPlUh Ilauny Bos~. TWAX,LLC <br /> <br /> <br />North Carolina <br /> <br />C01iDty <br /> <br />.I, . a Notary Public <br />do hereby certify th.t <br />day and acknowledged,that he is <br />acknowledged. on behalf of <br />foregoing instrument. <br /> <br />for the said county and State, <br />personally .came .before me this <br />of and <br />. the due execution of the <br /> <br />Witness my hand and official .seal. this the <br />, 2005.. <br /> <br />day of <br /> <br />(Official Seal) <br /> <br />No,ary Public <br /> <br />My commission expires <br /> <br />.20_ <br /> <br />F __cr <br />