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<br />county boardmemb.rs, officials, employees, agents, attorneys and consultants,
<br />from and against any and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, whether known or unknown, and whether liquidated or
<br />contingent, arisipg on or before the date of this Agreement in connection with
<br />the application, processing or approval of the Laureldale Project.
<br />
<br />4.6 State and FfderalLaw~ The parties agree, intend and understand that the
<br />obligations impos,d by this Agreement are only such as are consistent with
<br />state and federal: 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 in~alid, 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 o~ the Agreement shall remain in full force and effect.
<br />
<br />4.7 Enforcement; The parties to thi, Agreement recognize chat, in addition
<br />to other remedies:that may be available, Cabarrus County has the right to
<br />enforce its rules), policies, regulations, o~dinances, 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 rule~, policies, regulations or ordinances of Cabarrus County or
<br />violates the term. of this Agreement, Cabarrus County may, without seeking an
<br />injunction and after ten (10) days' notice to correct the violation, take such
<br />actions as shall qedeemed appropriate under law until such conditions have
<br />been honored by tneOeveloper. Cabarrue County shall be free from any liability
<br />arising out of the exercise of its rights under this paragraph.
<br />
<br />4.8 No Waiver. Failure of a party hereto to exercise any right hereunder
<br />shall not he deemed a waiver of any such right and shall not af.fect the r,ight
<br />of such party to ~xercise at some future time said right or any other right it
<br />may have hereundor). No ,officer ,official or agent ofCabarrus County has the
<br />power to amend, m~dify 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.
<br />
<br />4.9 Entire Agreement. This Agreement constitutes the entire agreement
<br />between thepartieJ 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 in writing mutually agreeq to andacoepted by both parties to
<br />this Agreement.
<br />
<br />4.10 Attorneys Feas. Should any party hereto employ an attorney for the
<br />purpose of enforcingthie Agreement, or any judgment based onthiBAgreement,
<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~gsi and whether or not an action has actually commenced,
<br />each party shall be responsible for their own attorneys' fees and ,all coets and
<br />expenses, unless any judgment or final order be issued in that proceeding,
<br />specifying otherwi.e.
<br />
<br />4.11 ~. Al+ notices hereunder shall be given in writing by' certified
<br />mail, postage preptid, at the following addresses:
<br />
<br />Cabarrijs County, P.O. Box 707, Concord, North Carolina 28026-0707
<br />
<br />Develo:qerl Pulte Home Corporation. 1U21 Carmel Commons Blvd.,
<br />Suite ~50 Charlotte, NC 28226
<br />
<br />4.12 Applicable L,w'. This. Agreement is entered into under and pursuant to,
<br />and is to be con8t~ed and enforceable. in accordance with, the laws of the
<br />State of North Carolina.
<br />
<br />4.13 Execution ofiAqreement. This Agreement may be executed in multiple parts
<br />as originals or byifacsimile copies of executed ori9ina~s; provided, however,
<br />if executed and ev~dence of execution is made by facaim11e copy, then an
<br />original shall be ~rovided to the other party within, seven (7) days of receipt
<br />of said faesimileqopy.
<br />
<br />4.14 Hold Harmles. Developer agrees to and shall hold Cabarrus county,its,
<br />officers, agents, mployees, consultants, special counsel and representatives
<br />harmless from UabHlity: (1) for. damages, just .compensation. reetitution
<br />judicial or equita~le relief arising out of claims for personal injury,
<br />including health, ~nd claims for property damage which may arise from the
<br />direct or indirect loperations of the Developer or their contractors,
<br />subcontractors, ag~nts. employees or other persons acting on their behalf which
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