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<br />. <br /> <br />. <br /> <br />(4) Adoption of ~ law or other governmental activity making performance by <br />the applicant unpr6fitable or more difficult or more expensive does not excuse <br />the performance of the obligations by the Developer hereunder; <br /> <br />(5) All other remedies at law or in equity which are not inconsistent with <br />the provisions of ~his Agreement or are available to the parties to pursue in <br />the event there 18'& breach,may ,be pursued by the applicable party. <br /> <br />$.1.3 Damaqes Upon~Termination. <br />damages against ca~arrus County <br /> <br />In no event shall Developer 1:Ie entitled to any <br />upon termination of this Agreement. <br /> <br />5.14 Institution dfLeqal Action. In addition to any other rights or <br />remedies, either P4rty may institute legal action to cure, correct, or remedy <br />any default or bre~ch, to specifically enforce any covenants or agreements Bet <br />forth in the Agree~entor to enjoin any threatened or attempted violation of <br />the Agreement; or to 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 />Buch courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br /> <br />IN WITNESS WHERBOF, this Agreement has been executed by Cabarrus County,acting <br />by and through its ;ColMlerce Department, pursuant. the approval ,of, the- proj ect . by <br />the Cabarrus County, Board of Commissioners, authorizing such execution, and by <br />a duly authorized r~presentat~veof Developer. <br /> <br />Dated this~day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />By: <br /> <br />Authorized Signature <br /> <br />DEVELOPBR, Pult. Ho~e Corporation <br /> <br />By: <br /> <br />'title: <br /> <br />for Pulte Home Corporation <br /> <br />[Attach notarized ce,rtificate of Developer's executing party',s authority to <br />execute] <br /> <br />State of <br /> <br />- County of <br /> <br />I, . Notary Public, certify that <br />personally camcbefore me tbis day and acknowledged that he/she is <br />, a corporation, and thllt he/she, as <br />being authorized to do so, executed the for~going on behalf of the corporation. <br /> <br />(off'1cial) <br /> <br />(title) of <br /> <br />(tide) <br /> <br />Witness my band and official seal this <br /> <br />day of <br /> <br />,20_, <br /> <br />My commission expires <br /> <br />Notal)' Public <br /> <br />S-2.. <br />