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<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, w~etherknown or unknown, and whether liquidated or
<br />contingent, arising on or before the date of this Agreement in connection \fifth
<br />the application, p~ocessing or approval of the pleasant Oaks project.
<br />
<br />4.6 State and Federal Law. The parties agree, intend and understand that the
<br />obligations imposeQ 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, incons1stent with state or federal law
<br />or is declared invalid, this Agreement shall be deemed amended to the 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 be available, Cabarrus county has the right to
<br />enforce its rules, ,pOlicies, regulations, ordinances, and the terms of this
<br />Agreement by seeki~gan injunction to compel compliance with the terms of this
<br />Agreement. In the event that Developer or any user on the 'subject property
<br />violates the rules,: policies, regulations or ordinances of Caharrus County or
<br />violates the terms 'of this Agreement, cabarrus County may, without seeking an
<br />injunction and after 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 th~ Developer. Cabarrus countyahall be free from any liability
<br />arising out of the .'exercise of its rights under this paragraph.
<br />
<br />4.8 No Waiver. Pailure 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 Cabarrua 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 Aqreement. 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 Attornevs Fe~s. Should any party hereto employ an attorneyfo~the
<br />purpose of enforcing this Agreement, or any judgment based on this Agreement,
<br />for any reason or !nany legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitration, declaratory relief or other litigation, , including
<br />appeals or rehearings, and whether or not an action has actually commenced,
<br />each party shall be responsible for their own attorneys' fees and all costs and
<br />expenses, unless any judgment or. :final order be issued in that proceeding,
<br />specifying o~herwise. '
<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 />Cabarr~s County, P.O. Box,707, Concord, North Carolina 28026-0707
<br />
<br />Developer: Kiser Development Co., 1400 Brantley Rd. Kannapolis, NC
<br />28083
<br />
<br />4.12 APplicable Law. This Agreement is entered irito under and pursuant,to,
<br />and is to be const~ued and enforceable in accordance with, the laws-of the
<br />State of North Carolina.
<br />
<br />4.13 Execution of Aqreement. This Agreement may be executed in multiple parts
<br />as originals or by:facsimile copies of executed originals; provided, however,
<br />if executed and ev~dence of execution is made by facsimile copy, then an.
<br />original shall be~rovided to the other party within seven (7) days of receipt
<br />of said facsimile ~opy.
<br />
<br />4.14 Hold Harmles,. Developer agrees to and shall hold Cabarrus County, its,
<br />officers, agents, ,mployees, consultants, special counsel and representatives
<br />harmless from liab.f.lity:(l) for damages, just compensation, restitution
<br />judicial or equita~le relief arising out of claims for personal injury,
<br />inCluding health, and claims for property damage which may arise from the
<br />direct or indirect ',operations of the Developer or their contractors"
<br />subcontractors, ag,nts, employees or other persons acting onthelr behalf whicb
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