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<br />(4) Adoption of'a law or other governmental activity making performance by <br />the applicant unprofitable or ,more difficult or more expensive does not excuse <br />the performance of ~he obligations by the Developer hereunder. <br /> <br />(5) All other rem,dies at law or in equity which are not inconsistent with <br />the provisions of t~is Agreement or are available to the parties to pursue in <br />the event there is . breach, may be pursued by the applicable party. <br /> <br />5.1.3 Damaqes Upon Termination. In no event shall Developer be entitled to any <br />damages against Cab.rrus County upon termination of this Agreement. <br /> <br />5.14 Institution of Leqal ~ction. In addition to any otherright& or <br />remedies, either party may institute legal action to cure, correct, or remedy <br />any default or breach, 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 remediesconaistent with the purpose of the <br />Agreement. Legal ac~ions shall be instituted in the Superior Court of the <br />County ofCabarrus,State of N.C., or in the Federal DiatrictCourt in the <br />Middle District, ana 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 WZTNESS WHERBOF, 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 CabarrusCountyBoard of Commissioners, authorizing suchexecutlon, and by <br />a duly authorized representative of Developer. <br /> <br />Dated this_______day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />By: <br /> <br />Authorized Signature <br />DEVELOPBR, Xiser Development Co. <br /> <br />By: <br /> <br />Title: <br /> <br />for Kiser Development Co. <br /> <br />[Attach notarized certificate of Developer'a.executing party's authority to <br />execute] <br /> <br />8tateof <br /> <br />County of <br /> <br />I, , Notary Public, certify that <br />personally came before me ~s day and acknowledged that belsbe is <br />I' ,a corporation, and that he/sbe,as <br />being authorized to do so, e'tecuted the foregoing on behalf of the corporation. <br /> <br />(official) <br /> <br />(title),of <br /> <br />(title) <br /> <br />Witness my band and officiaIseal this <br /> <br />day of <br /> <br />.20_. <br /> <br />My commission expires <br /> <br />Notary Public <br /> <br />~~~-'-.--~',-_..~.. . <br /> <br />.r:-'.~.I <br />