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<br />(4) Adoption o~ a law or other governmental activity making performance by <br />the applicant unprofitable or more difficult or more expensive does not excuse <br />the performance qf the obligations by the Developer hereunder. <br /> <br />(5) All other ~emedieB at law or in equity which are notlnconsistent with <br />the provisions of this Agreement or are available to the parties to pursue in <br />the event there i's a breach, may be pursued by the applicable party. <br /> <br />5.1.3 Damaqesupor Termination. <br />damages against C~barrue County <br /> <br />In no eventahal1 Developer be entitled to any <br />upon termination of this Agreement. <br /> <br />5.14 Institutionlof Leqal Action. In addition to any other rights or <br />remedies, either ~.arty may instit. ute legal action to cure; correct, or remedy <br />any default or br,ach, to specifically enforce any covenants or agreements set <br />forth in the Agreement, or to enjoin any threatened or attempted violation ,of <br />the Agreementior,toobtain any remedies consistent with the purpoaeof the <br />Agreement. Legal .ctions ahall be instituted in the Superior Court of the <br />County of Cabarruf, State of N.C., or in the Federal District Court in the <br />MiddleOistrict, _nd the parties hereto submit to the personal juriSdiction of <br />such courts witho*tapplication of any conflicts of laws provisions of any <br />jurisdiction. ' <br /> <br />XNWXTNBSS WKBRBO~~ this Agreement has been executed bYCabarrus County, acting <br />by and through it~Commerce Department, pursuant the approval of the Project by <br />the Cabarrus coun~y Board of Commissionere, authorizing such execution,and by <br />a duly authorizedirepresentative of Developer. <br /> <br />Datedthi8_______~ay of <br /> <br />,2005. <br /> <br />CABARRUS COUNT~, North Carolina <br /> <br />By: l <br />Authorized S~gnature <br /> <br />DBVBLOPBRI Cro.lan~ Home. <br /> <br />By: <br /> <br />Title : <br /> <br />for- Crosland Homes <br /> <br />[AttaCh notarized pertificate of Developer'S executing party's authority-to <br />execute] <br /> <br />State of <br /> <br />Couoty of <br /> <br />1. . . Notary PUblic, certify that <br />~rsonally came before me fbia day and acknowledged that helabe ia <br />: - - - - . a corporatioo, and tbathelshe, as <br />being authorized to do 10, +CUled the foregoing on bcba:Ifofthe corporation. . <br /> <br />Witneu my hand and offic~ seal this <br /> <br />day of <br /> <br />(official) <br /> <br />(tide) of <br /> <br />(tille) <br /> <br />,20 . <br /> <br />My commiasion expires <br /> <br />Notary Public <br /> <br />r= ~S- <br /> <br />