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<br />(4) Adoption of 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 of the obligations by the Developer hereunder. <br /> <br />(5) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Agreement or are available to the parties to pursue in <br />the event there is a breach, may ,be puraued by the applicable party. <br /> <br />5.1.3 Damaqes Upon Termination. In no event shall Developer be entitled to any <br />damages against Cabarrue County upon termination of this Agreement. <br /> <br />5.14 Institution of Leqal Action. In addition to any other rights or <br />remedies, either party may institute legal action to cure, correct, or remedy <br />any default or breach. to specifically enforce any covenants or agreements set <br />forth in the Agreement or to enjoin any threatened or attempted violation of <br />the Agreementl or to obtain any remedies consistent with the purpose of the <br />Agreement. Legal actions shall be instituted in the Superior Court of the <br />County of Cabarrus, State of N.C., or in the Pederal District Court in the <br />Middle District, and the parties hereto submit to the personal jurisdiction ot <br />such courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br /> <br />IN WITNBSS WHEREOF, this Agreement has been executed by Cabarru8 county, acting <br />by and through its Commerce Department, pursuant the approval o!the project by <br />the Cabarrus County Board of Commissioners, authorizing sucn execution,and by <br />a duly authorized representative of Developer. <br /> <br />Dated this_______day of <br /> <br />,2005. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />By: <br /> <br />Authorized Signature <br /> <br />DEVBLOPsa, Danny Q. ao.e, ~LC <br /> <br />By: <br /> <br />Title: <br /> <br />for Oanny O. Boat, LLC <br /> <br />[Attach notarized certificate of Developer's executing party's authority to <br />execute] <br /> <br />State of <br /> <br />County of <br /> <br />I, . Notary Public, certify that <br />personally came before me tbi. day and acknowledged that hclshc is <br />.acotporation, and that be/abc, as <br />being authorized to do '0, executed the foregoing on bCba'tf of the corporation. <br /> <br />(offici.l) <br /> <br />(tide) of <br /> <br />(tide) <br /> <br />Witness my hand and official seal this <br /> <br />day of <br /> <br />,20_. <br /> <br />My commission expires <br /> <br />Notary Public <br /> <br />G.-" <br />