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<br />, <br />(4) Aaoption ofia law or other governmental activity making performance by <br />the applicant unp;ofitable or more difficult or more expensive does not excuse <br />the performance at .the obligations by the Develaperhereunder. <br /> <br />(5) All other r~medies -at law or in equity which are not inconsistent with <br />the provisions of it his Agreement or are available to the parties to pursue in <br />the event there i~ a breach, may be pursued by the applicable party. <br /> <br />5.1.3 Dama os U 0 Termination. In no event shall Developer be entitled to any <br />damages against C arrus County upon termination of this Agreement. <br /> <br />5.14 Institutionbt Leqal Action. In addition to any other rights or <br />remedies, either Jarty may 'institute legal act~on tocurei correct, or remedy <br />, <br />any default or br~ch, to specifically enforce any covenants or agreements Bet <br />forth ,in the Agre~ent or to enjoin any threatened or attempted violation of <br />the Agreement; or to obtain any remedies conaistent with the purpose of the <br />Agreement. Legal a~tions shall be instituted in the Superior Court of tAe <br />County of, ,Cabarrus:, 'State of N. C.. or in the Federal District Court in the <br />Middle DiBtrict,a~d the parties hereto submit to the personal jurisdiction of <br />such courta without application of anyconfllcts of laws provisions of any <br />jurisdiction. ' <br />i <br />IN WITNESS WBBRBopl this Agreement has been executed by Cabarrus county, acting <br />by and through it8~Commerce Department, pursuant the approval of the project by <br />the CabarruB countt. Board of Commission ere, authorizing Buch execution, and by <br />a duly authorizedtepresentative of Developer. <br /> <br />Dated thi8_______d~yof <br /> <br />,2005. <br /> <br />CABARRUS COUNTyj North Carolina <br />i <br />, <br />By: I <br />Authorized Signature <br />DBVBLOPBRI Niblock ID.v.lop~nt Corporation <br /> <br />By: <br /> <br />Title: for Niblock Development Corporation <br />[Attach notarized dertificate of Developer's exe~uting party's authority to <br />execute) <br /> <br />. 'I, i' . Notary Public, certify that <br />pcnonally came before me ~s day and acknowledged that be/she is <br />. a cOrpOration, and that belshe, as <br />b'Ws authorized to do ao, 'iCUl'd th, fo"going 0. behalfofth, cOIpOration. <br /> <br />Witness my band andoffiCia{scal this day of <br />i <br /> <br />(official) <br /> <br /> <br />State of <br /> <br />County of <br /> <br />(tid,)of <br /> <br />(titl,) <br /> <br />.20_, <br /> <br />My commillion expires <br /> <br />Notary Public <br /> <br />17- ':L5 <br />