|
<br />County board members, officials, employees, agents, attorneys and consultants,
<br />from and against a~y and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, ,wnetherknowrt or unknown, and whether liquidated or
<br />contingent, arising on or before the date of this Agreement in connection with
<br />the application, processing or approval of the LaureldaleProject.
<br />
<br />4.6 State and Federal Law. The parties agree, intend and understand that the
<br />obligations imposed, by this Agreement are only such as are consistent with
<br />state and fe~eral law. The parties further agree that if any provision of this
<br />Agreement becomes,_in its performance, inconsistent with state or federal law
<br />or is declaredinv~lid, 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 tothia 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~g an injunction to compel compliance with the terms of this
<br />Agreement.ln the event that Oeveloperor any user on the subject property
<br />violates the rules,> policies, regulations or ordinances of Cabarrus County or
<br />violates the terms ~fthi8 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 be deemed appropriate under law until such conditions have
<br />been honored by the Developer. Cabarrus County shall be free from any liability
<br />arising out of the exercise of , its rights under this paragraph.
<br />
<br />4.B No Waiver. Failure 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 eX:l'lrcise' 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 Agreement. This Agreement constitutes the entire agreement
<br />between the parties" 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 Fees. Should any party 'hereto employ an'attorney for the
<br />purpose of enforcing this Agreement, or 'any judgment based onth~s Agreement,
<br />for any reason or i~ any 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 otherwise.
<br />
<br />4.11 Notices. All'.notices hereunder shall be given in writing by certified
<br />mail, postage prepaid, at the following addresses:
<br />
<br />Cahar:rueCounty, P.O. 'Box 707 ,Concord, North Carolina 28026-0707
<br />
<br />Developer: Pulte Home Corporation, 11121 Carmel Commons Blvd.,
<br />Suite 4~0 Charlotte, NC 28226
<br />
<br />4.12 Applicable Law. .ThisAgreementis entered into under and pursuant to,
<br />and is to be const~ed and enforceable in accordance with, the laws of the
<br />State of North Carolina.
<br />
<br />4.13 Execution of ~reement. This Agreement may be executed in multiple ,_parts
<br />as originals or by facsimile copies of executed originals; provided, however,
<br />if executed and ~vidence 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 copy.
<br />
<br />4.14 Hold HarmlesB!, Developer agrees ,to and shall hold Cabarrus County, its,
<br />officers, agents, e~ployees, consultants, special counsel and representatives
<br />harmless from liabi~itY:(l) for damages, just compensation, restitution
<br />judicial or equitab~e relief arising out of claims for personal injury,
<br />including health, ahd claims for property damage which may arise from the
<br />direct or indirect 9perationsof the Developer or their contractors,
<br />subcontractors, agents, employees or other persons aqt1ng on their behalf which
<br />
<br />F~~
<br />
|