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<br />from and against any and all claims, demanels, liabilities, costs, -expenses of
<br />whatever nature, :whether known or unknown, and whether liquidated or
<br />contingent, aris~ng on or before the date of this Agreement in connection with
<br />the application, processing or approval of the Laurel Park Phases 4.6 Project.
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<br />4.6 State and F~c1eral Law. The parties agree, intend and understand that the
<br />obligations impos, d by this Agreement are only such as are consistent with
<br />state andfederali: law. 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 intalid, 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 the_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 remediul.that may be available, CabarrusCounty has ,the right to
<br />enforce its rules; policies, regulations, ordinances, and the terms of this
<br />Agreement by seek;ng an injunction to compel compliance with the terms of this
<br />Agreement. In theievent that Developer or any user on the subject property
<br />violates the rule1' policies, regulations or ordinances of Cabarrus County or
<br />violates the term~ of this Agreement, Cabarrus County may, without seeking an
<br />injunction and af~er ten (10) days' notice to correct the violation, take such
<br />actions as shall ~edeemed appropriate under law until such conditions have
<br />been honored by tije Developer. Cabarrus County shall be free from any liability
<br />arising out of th~ exercise of its rights undor this paragraph.
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<br />4.8 No, Waiver. iailure of a party hereto to exercise any right hereunder
<br />shall not be deem.d a, waiver of any such right and shall not affect the right
<br />of such party to exercise at some future time said right or any other right it
<br />may have hereunder,.' No officer, official or agent of Cabarrus county has the
<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. i
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<br />4~9 Entire Aqree~ent. This A9reement constitutes the entire agreement
<br />between the partief and supersedes all prior agreements, whether oral or
<br />written, covering he same subject matter. This Agreement may not be modified
<br />or amended except. n writing mutually agreed to and accepted by both parties to
<br />this Agreement. .. ,
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<br />4.10 Attornevs pe~B. Should any party hereto employ an attorney for the
<br />purpoee of enforei;g this Agreement, or any judgment based on ,this Agreement,
<br />for any reason or ~n any legal proceeding what.oever, including insolvency,
<br />bankruptcy, arbitr,tion, declaratory relief or other litigation, including
<br />appeals or rehearings, and whether or not an action haa actually commenced,
<br />each party shall b. responsible fOr their own attorneys I fees and all_costs and
<br />expenses, unlessa~y jUdgment or final order be issued lnthatproceeding,
<br />specifying otherwi~e.
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<br />4.11
<br />mail,
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<br />~. Al~ notices hereunder shall be given in writing 'by certified
<br />postage prep~id, at the following addre8seSl
<br />cabar~. County, P.O._ Box 707, Concord, North Carolina 28026-0707
<br />oevelop~r: Niblock Development Corporation, 300 McGill Ave., NW
<br />Concord, NC 28027
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<br />4.12 Applicable L~.Thi8 Agreementi. ente~ed into under and pursuant to,
<br />and. is to be oonet 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 parts
<br />as originals or by acsimile copios of executed originals I provided,however,
<br />if executed and evifence of execution 'is made bytacsimile copy, then an
<br />original shall be ptovided to the other party within seven (7) days of receipt
<br />of said-facaimile c~py.
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<br />4.14 Hold Harmlesat Developer agrees to and shall hold Cabarrus County, its,
<br />officers, agents, e~ployees, consultants, special counsel and representatives,
<br />harmless fro.mliab i!.ity: (1) for damages, j ustcompensation,r .stieu tion
<br />jUdicial or equitab :e relief arising out of claima for p~r8onal injury,
<br />including health, a d claims for property damage which may arise from the
<br />direct or indirect. per<<tions of the Developer Or thei'r contractors,
<br />subcontractors, age~ts, employees or other persons acting on theirbehalt which
<br />relates to the proj~~t; and (2) from any claim that damages, just compensation,
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