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<br />(4)' Adoption of a:, law or other governmental activity making performance by <br />the applicant unprotitable or more difficult or more expensive does not excuse <br />the performance of the obligations by the' Developer hereunder. <br /> <br />(5) All other rem~dies at law or in equity which are notlnconsistent with <br />the provisions of t~isAgreement 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 trermination. 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 Action. In addition-to any other rights or <br />remedies, either pa~ty may institute-legal action to cure, correct, or remedy <br />any default or brea~h,.to -specifically enforce any covenants or agreements set, <br />forth in ,the Agree~ntor to enjoin any threatened or attempted violation of <br />the Agreement; or tp 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 />, <br />ZN WZTNESS 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 Count~: Board of Commissionsrs, authorizing such execution, ,and by <br />a duly authorized tepresentative of Developer. <br /> <br />Dated this~day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTY'i, North Carolina <br />By; <br /> <br />Authorized S~~nature <br />DEVELOPBR, pulte H~. co:poration <br /> <br />By: <br /> <br />Title: <br /> <br />forPulte Home corporation <br /> <br />{Attach notarized ,*ertificate of Developer' 8 executing party',s authority to <br />execute] <br /> <br />S~teof <br /> <br />_ County of <br /> <br />:.1, ,No~Public.certifythat <br />personally came'beforc me Ws day and acknowledged that belsbe is <br />, a corporation, and that belsbe, as <br />being authorized to do so, ejtecuted the for~going on bebalf of the corporation. <br /> <br />(official) <br /> <br />(title) of <br /> <br />(title) <br /> <br />'witness my band and offici.1 seal this <br /> <br />day of <br /> <br />,2~_. <br /> <br />My commission eltpirea <br /> <br />Notary Public <br /> <br />r---~ <br /> <br />,_...." <br />