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<br />I, . . Notary Publit; certify that <br />personally camebcforc me (W, day and acknowledged that hellhc is <br />-t. . I a corporation, and that. belshe, as <br />being_authorized to do so, ~ecutcd the_ foregoing on behalf of the corporation. <br /> <br />(official) <br /> <br /> <br />(4) Adoption ofia law or other governmental activity making performance by <br />the applicant unp~ofitable or more diffioult or more expensive does not excuse <br />the performance ot the Obligations by the Developer hereunder. <br /> <br />(5) All other r.mediesat Iawer in equity which are not inconsistent with <br />the provisions ofithis Agreement or are available to the parties to pursue in <br />the event there if a breach, may be pursued by the applicable party. <br />, <br />, <br />5.1.3 Dams os U 0' Termination. In no event shall Developer be entitled to' any <br />damages against CbarruB County upon termination of this Agreement. <br />, <br />. . <br />5.14 Institutioniof Leq-al Action. 'In addition to any other rights 'or <br />remedies, either Q.arty may institute legalactiento cure, correct, or remedy <br />any default or br~ach, to specifically enforce any Covenants or agreements set <br />forth in the Agre~ment or to enjoin any threatened or attempted violation of <br />the Agreement; or;to obtain any remedies consistent with the purpose of the <br />Agree~ent. Legal 4ctions shall be instituted in the Superior Court of the <br />County of Cabarrus, State of N.C., or in the Federal biserict Court in the <br />Middle District, ~~ the parties hereto submit to the personal jurisdiction of <br />such courts withoqt application of any conflicts of laws provisions of any <br />jurisdiction. ! <br /> <br />IN WITNBSSWHBRBO~, this Agreement. has been executed by cabarrusCounty, ~cting <br />by and through he; Commerce Department, pureuant the approval of the Project by <br />the Cabarrua County Board of Commissioners, authorizing such execution, and by <br />a duly authorized :repre.sen~ative of Developer. <br /> <br />Dated this~d~yof <br /> <br />,2005. <br /> <br />CABARRUS COUNTY~ NortbCarolina <br /> <br />By: <br /> <br />I <br />Authorized signature <br /> <br />DBVBLOPBRI Pult. H~ Corporation <br /> <br />By: <br /> <br />Title: <br /> <br />for Pulto Home Corporation <br /> <br />(Attach notarized qertificate of Developer's executing party's authority to <br />execute] <br /> <br />Stale of <br /> <br />County of <br /> <br />(titte) 'of <br /> <br />(titl.) <br /> <br />Witneu my hand and OffiCi~~, seal this <br /> <br />day of <br /> <br />,20_, <br /> <br />My conuniuionexpircs <br /> <br />Notary Public <br /> <br />F=.~~ <br />