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<br />F-~s
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<br />County board memb~rs, officials, employees, _genta, attorneys and consultants,
<br />from and against ~yand all claims. demands, liabilities, costs, expenses of
<br />whatever nature, ~hether known or unknown, and whether liquidated or
<br />contingent, ari8i~g on or before the date of this Agreement in connection with
<br />the application, processing or approval of the The Woods at Winecoff Project.
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<br />4.6 State andF~~eral Law. The parties agree, intend arid understand that tbe
<br />obligations impos.d by this Agreement are only such as are consistent with
<br />state and federal ~aw. The parties further agree that if any provision of ,this
<br />Agreement becomes ,I in its performance, inconsistent with state or federal. law
<br />or 1s declared iny.li~, this Agreement shall be deemed amended to the extent
<br />necessary to make ~t consistent with state or federal law, ae the case may be,
<br />and the balanceot! the Agreement shall remain in tull torce and effect.
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<br />4.7 Enforcement.; The parties to this Agreement recognize that, in addition
<br />to other remedies ~hat may be available, Cabarrus County has the right to
<br />enforce its rules,: policies, regulations, ordinances, and the te~ of this
<br />Agreement by seekirg an injunction to compel compliance with the terms of this,
<br />Agreement. In ,the ,vent that Developer or any user on the subject property
<br />violateethe rules~ policies, regulations or ordinances of Cabarrus County or
<br />violates the termejof this, Agreement, Cabarrus County may, without seeking an
<br />injunction and aft,r ten (10) days' notice to correct the violation, take such
<br />actions ae shall b~ deemed appropriate under law until such conditions have
<br />been honored by thr Developer. Cabarrus County shall be tree from any liability
<br />arising out of the,exercise,of its rights under this paragraph.
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<br />4.8 No Waiver. failure of a party hereto to exercise any right hereunder
<br />shall not be deeme. a waiver of any such right and shall not affect the right
<br />of such party to e~ercise at some future time said right or any other right it
<br />may have hereundert No officer; otficial or agent of Cabarrus County hesthe
<br />power to amend, mo~ify or alter this Agreement or waive any Of its conditions
<br />as to bind Cabarru. County by making any promise or representation not
<br />contained herein.
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<br />4.9 Entire ree
<br />between the partie
<br />written, covering
<br />or amended except
<br />this Agreement.
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<br />4.10 . Attorneys Fe... Should any party hereto employ an attorney for the'
<br />purpose of enforci~ this Agreement, or any judgment based on this Agreement,
<br />for any reason or ~n any legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitr.tion, declaratory relief or other litigation,including
<br />appeals or reheari~s, and whether or not anaotionhas actually commenced,
<br />each party shall b~ responsible for their own attorneys' fees and all coats and
<br />expenses, unless a~y judgment or final order be issued in that proceeding,
<br />specifying otherwi~e.
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<br />4.11 ~. AI~ notices hereunder shall be given in writing bycertitied
<br />mail, postageprep~d, at the following addresses:
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<br />Cabar~. County, P.O. Box 707, Concord~ North Carolina 28026-0707
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<br />Develop~r: Danny Q. Bost, LLC, P.O. Box 1111 Concord, Ne 28026-
<br />0706
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<br />ent. This Agreementconatitutes the entire agreement
<br />and supersedes all prior agreements, whether oral or
<br />he same subject matter. This Agreement rnaynot be modified
<br />n writing mutually agree~.to and accepted by both parties to
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<br />4.12 licable La
<br />and is to be const
<br />State of North Caro'
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<br />TnisAgreement i. entered into under and pursuant to,
<br />ed and enforceable. in accordance with, the laws of the
<br />ina.
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<br />4.13 Execution of reament. This Agreement maybe executed in multiple parts
<br />as originals or by acsimlle copies of executed originalsi prov!~ed, however,
<br />it executed and evi ence ot execution is made by facsimile copy, then an
<br />original shall be Pfovided to the other party ,within seven (7) day. of receipt
<br />of laid facsimile cppy.
<br />4.14 Roid Harmless~ Developer agrees to and shall hold Caharrus County, its,
<br />officer8, agents, 8~ployee8, consultants, special counael and representatives
<br />harmlesafrom liability: (1) for damages, jU8.tcompenBation, restitution
<br />judicial or equitab e reliet arising out of claim. tor personal injury,
<br />including health, a.d claims tor property damage which may arise from the
<br />direct or in~irect +perations of the Developer or their contractors,
<br />subcontractor., age4ts, employees or other perlons acting on their behalf which
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