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<br />County board membe~s. officials, employees, agents, attorneys and consultants,
<br />from and aga~n8t a~r and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, w~ether known or unknown, and whether l1quidated or
<br />contingent, arising: on or before the date of this Agreement in connection with
<br />the application, processing or approval of the Laureldale project.
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<br />4.6 State and Fe~~ra1 Law.. The parties agree, intend and understand that the
<br />obligations impose~, by this Agreement are only such as are consistent with
<br />state and fe~eral l~w.The parties further agree that!! anyprovls1on of t~is
<br />Agreement becomes, ~n its performance, inconsistent with state or federal law
<br />or is declaredinv~lid. this Agreement shall pe 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 ot ~h~.Agreement shall remain in full force and effect.
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<br />4.7 Enforcement. " The' parties to this Agreement recognize that, in addition
<br />to other remedies that may be ava11able,Cabarrus County has the right to
<br />enforce its rules, policies, regulations, ordinances, and the terms of this
<br />Agreement by seeking an injunction to compel compliance with the terms of this
<br />Agreement. In theeyent that Developer or anyuseron,theaubject property
<br />violates the rules'i~policies, regulations or ordinances ofCabarrusCounty or
<br />violates the termspfthia Agreement, CabarrusCounty may, without seeking an
<br />injunction and afte~ ten (10) days' notice to correct the violation, take such
<br />actions as shall be!; deemed appropriate under law until such conditiona have
<br />been honored by thefDeveloper. cabarruscounty shall be free from any liability
<br />arising out of the .xercise of~itsrights under this paragraph.
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<br />4.8 No Waiver. F.ilure ot a party hereto to exercise any right hereunder
<br />'shall not bedeemed[a waiver of any such right and shall not affect the right
<br />of such partytoex.rciseat some future time said right or any other right'it
<br />may have hereunder.: No officer, official or agent ofCabarrus County has the
<br />power to amend,mod~fy 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 AAreemb. This Agreement constltutes ,the entire agreement
<br />between the partiest:and supersedes all prior agreements, whether oral or
<br />written, covering t;e aame,subject matter. This Agreement may not be modified
<br />or amended except_iwriting mutually agreed to and accepted by both parties to
<br />this Agreement. ..
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<br />4.10 Attorne s Fee. Should any party hereto, employ an attorney for the
<br />purpose of enforcin this Agreement, or any judgment based on th~s Agreement,
<br />for any reason or i~ any legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitra~ion" declaratQryrelief or other litigation, inCluding
<br />appeals or rehearin$s, and whether or not an ac~ion has-actually commenced,
<br />each party shall bet"respon sible for their own atto, n,.eys'-feesand all costa and
<br />expenses, unless an, judgment or final order be-issued in that proceeding,
<br />specifying otherwis .
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<br />4.11 Notices. Allijnotices h,ereunder shall be given in writing by certified
<br />mail, postage prepa*d, ,at the following addresses:
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<br />Cabarru~CQunty, P.O. Box .707, qoncord, North Carolina 28026-0707
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<br />Develop,rl Pulte Home Corporation,
<br />Suite 4~OCharlotte, NC 28226
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<br />11121 Carmel Commons Blvd.,
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<br />4.12 A licable This Agreement is entered into under and ,pursuant to,
<br />and is to beconstr ed and enforceable in accordance with, ,the laws of the
<br />State of' North Caro 'ina.
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<br />4.13 Execution of reement. This Agreement may be executed in multiple_,parta
<br />as originals or by acsimile copies of executed originals; provided, however,
<br />if executed and evi ,ence of execution is made by facdmilecopy, then an
<br />original shall be p~ovided to the ,other party within seven (7) days of receipt
<br />of said facaimile,cq;Py.
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<br />4.14 ,Hold Harmless .1; ,Developer 'agrees to and shall hold Cabarrus County, its i
<br />officers, agents, e~lOyees,consultant8, special counsel and representatives
<br />harmless from liabiJ(iity: . (1) for damages, just compensation,_ restitution
<br />judicial or equitab,ie relief_ arising out of claims for personal injury,
<br />including health, a' claims for property, damage which may arise from the
<br />direct or indirect, ' erationsot the Developer or,their contractors, , .
<br />subcontractors, age ~8. .mployees or other ~ersons a~ting on their behalf which
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