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<br />contingent, arising-on or before the date of this Agreement in connection with
<br />the application, pr9cessing or approval of the LaurelParkPhaae 3 project.
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<br />4.6 State and Federal Law. The parties agree, intend and understand 'that the
<br />obligations impoaed'by this'Agreement are only such as are consistent with
<br />state and tederal'l.w. 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 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 ~he Agreement shall remain in full-force and effect.
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<br />4.7 Enforcement. The pa.rties to this Agreement ,recognhe that, .in addition
<br />to other remediest~at maybe available,Cabarrus county has the right to
<br />enforce its rules, folicies, regulations,ordinances, and the terms of this
<br />Agreement by seekin~ an 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 Cabarrus County or
<br />violates the terms cfthis Agreement, Cabarrus county may, without seeking an
<br />injunction and afte~ ten (10) days' notice to correct the_violation, take such
<br />actions as shallbe~deemed appropriate under law until Buch'conditionshave
<br />been honored by the':Developer. Cabarrus CQunty shall be free from any liability
<br />arising out of the ,xercise of its rights under this paragraph.
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<br />4.8 No Waiver. FPilure of a party hereto to~xercise any right hereunder
<br />shall not be deemed:' a waiver of any such right and shall not affect the right
<br />of such party toex~rcise at some future time said, right o~ any other right it
<br />may have hereunder. No officer, official or agent of CabarrusCounty 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.
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<br />4.9 Entire'Aqree~nt. This Agreement constitutes the entire agreement
<br />between the partiesland supersedes all prior agreements, whether oral or
<br />written, covering the same subject matter. This Agreement may not, be modified
<br />or amended except i~ writing mutually agreed to and accepted by both parties to
<br />this Agreement.
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<br />4.10 Attorneys Fee~. Should any party' hereto employ an attorn~y for the
<br />purpose of enforcing this Agreement, or any judgment based anthis' Agreement,
<br />for any reason orin any legal proceeding whatsoever,includinginsolvency,
<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 s11a11 be: responsible for their own attorneys '. fees and all costs and
<br />expenses,unless any judgment or final order be issued in that prpceeding,
<br />specifying otherwise . .
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<br />4.11
<br />mail,
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<br />Notices. Al~ notices hereunder shall'be given in writing by c~rtified
<br />postage prepaad, at the followingaddrelsBesl
<br />Cabari:'U:s County, P.O. Box 707,. Concord, North Carolina 28026-0707
<br />Developer: Niblock Development Corporation. 300 McGill Ave., NW
<br />Conc,ord',NC 28027
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<br />4.12 Applicable L~w. This Agreement'is entered into under and pursuant to,
<br />and is to be const~ed and entorceablein accordance_with. the lawaof the
<br />,State of North Cardlina.
<br />4.13 Bxecutionof~qreement. This Agreement may be executed in multiple parts
<br />as originals or by Ifacsimilecopies of executed originals, provided, however,
<br />if executed and ev~denceof execution i8 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 qPpy.
<br />4.14 Hold Harmles~i.Developer agrees to and shallholdCabarrus County, its,
<br />officers, agents. e~loyees"consultants, special counsel, and representatives
<br />harmless fromliab~:lity:(l) for damages, just compensation, restitution
<br />judicial oiequita~le relief arising out of claims for personal injury,
<br />including health, .nd claims tor property damage which may arise from the
<br />direct, or indi-rect [operations of the Developer or their contractors.
<br />subcontractors, ag~ts, employees or other pereonsactingon their behalf which
<br />relates to the project; and (2) from any claim that damages, just compensation,
<br />reatitution; judic~:alor equitable relief is due by reason of the terms of or
<br />effects arising frqm this Agreement. Developer agrees to pay all costs for the
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