|
<br />~~5
<br />
<br />
<br />County board members, officials, employees, agentsj. 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, arising on or before the date of this Agreement in connection: with
<br />the application. proees8ingorapproval of the wellspring Village project.
<br />
<br />4.6 State and Ftderal Law. The parties agree, intend and understand that the
<br />obligations impoa, d by this Agreement are only such as are consistent with
<br />stato"and federal: law. The parties further agree that it any provision of this
<br />Agreement becomesi in-its performance,inconsistent with state or federal law
<br />or is declared invalid. 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.
<br />
<br />4.7 Enforcement; The parties to this Agreement recognize that, in addition
<br />to other remedies 'that may be available, Cabarrus County has the right to
<br />enforce its rulesi policies, regulations, ordinances, and the terms of this
<br />:Agreement by seek1ng 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 af~er ten (10) days' notice to correct the violation, take such
<br />actions as shall be deemed appropriate under law until such conditions have
<br />been honored by the Developer. Caharrus County ahall be free from any'liability
<br />arising out of th~: exercise of itsright8under this paragraph.
<br />
<br />4.8 No Waiver. ~ailure of a party hereto to exercise any right hereunder
<br />shall not be deemed 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 hereunde~. No officer, official or agentof,Caharrus County has the
<br />power to amend, mO~ify or alter this Agreement or waive any of it. conditions
<br />as to bind Caharrua County by making any promise or representation not
<br />contained herein. '
<br />
<br />,
<br />4.9 Entire Aqree~ent. This Agreement constitutes the entire agreement
<br />between the partie. 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 Agree~ to: and accepted by bothp~rtiee to
<br />this Agreement.
<br />
<br />4.10 Attorneys Fe,s. Should any party hereto. employ an attorney. for the
<br />purpose of enforci~gthis Agreement, or any judgment based on this Agreement,
<br />for any reason or 4n 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 an action has actually commenced,
<br />each party shall b~ responsible for their own attorneys' fees and all costs and
<br />expenses; unless a~y judgment or final order be i.sued inthat.proceeding,
<br />specifying otherwi~e.
<br />
<br />4.11 Notices. Al~, notices hereunder shall be given in writing by certitied
<br />mail, po;t;g;pr.p~id, at the following addresses:
<br />
<br />Cabarr4S County, P.O. .Box 707, Concord, North Carolina 28026-0707
<br />
<br />Develop,erl
<br />Charlotte,
<br />:
<br />
<br />Crosland Homes, 227 West Trade Street, Suite BOO
<br />HC .28202
<br />
<br />4.12 Applicable La~. This Agreement is entered into under and pursuant to,
<br />and is to be constrLed and enforceable in accordance with, ,the laws of the
<br />State ot North caro~i~a. .
<br />
<br />4.13 Execution of ~reement. This Agreement may be executed in multiple parts
<br />as originals or by ~acsimile ,copies ot executed originals; provided, however,
<br />if executed and evi~ence pf execution i. made by facsimile copy, then an
<br />original shall be provided to the other party within seven (7) days of receipt
<br />of .aid facsimile ~OPY~
<br />
<br />4.14 Hold Harmless: Developer agrees to and shall hold Cabarrus County, its,
<br />officers, agents, e!Ployees, consultants, special counsel and representatives
<br />harmlessfromliabiity: (1) for damages, just compensation, restitution
<br />judicial or equitab erelief arising out ot claims for personal injury,
<br />including health, a d claims tor property damage which may arise from the
<br />direct or indirect qperations of the Developer or their contractors,
<br />subcontractors, age~t8, employees or other persons acting on their behalf which
<br />
|