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<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 d.ate of this Agreement in connection with
<br />the application, processing or approval of the Laurel Park phases 4-6 project.
<br />
<br />4.6 State and Federal Law. The part"ies agree, intend and understand that the
<br />obligations imposed by this Agreement are only such as are consistent with
<br />state and federal law. The parties further agree that it any provision of this
<br />Agreement becomes, in its performance, inconsietentwith state or federal law
<br />or is aeclared invalid, this Agreement ahall be deemed amended to the extent
<br />necessary to make it consistent with state or federal law, as ,the cas. 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 maybe available, CabarrusCounty haa the_ right to
<br />enforce its rules, policies, regulations, ordinances, and the terms of this
<br />Agreement by seeking an injunction to compel compliance with the terms of this
<br />Agreement. In the event that Developer or any user on the subject property
<br />violates the rules, policies, regulations or ordinances of Cabarrus county or
<br />violates the terms 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, be deemed appropriate under law until such conditions have
<br />been honored by the Developer. Cabarrus 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 be deemed a waiver of any 'such right and ahall not affect the right
<br />of such party to exercise at some future time said right or any other right it
<br />may have hereunder. No officer, official or agent of Cabarrus county has the
<br />power to amend, modify or alter this Agreement or waive any of its conditions
<br />as to bind Cabarrus County by making any promise or representation not
<br />contained herein.
<br />
<br />4.9 Entire Aqreement. This Agreement constitutes th.entire agreement
<br />between the parties and supersedes all prior agreements, whether oral or
<br />written, covering the same subject matter. Tnis Agreement may not be modified
<br />or amended except in writing mutually agreed to and accepted ~y both parties to
<br />this Agreement.
<br />
<br />4.10 Attorneys Fees,. Should any party hereto employ an attorney for the
<br />purpose of enforcing this Agreement, or any judgment based on this -Agreement,
<br />for any reason or in any legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitration, :declaratory relief or other litigation, including
<br />appeals or rehearings, and whether or not an action has actually commenced,
<br />each party shall be responsible for their own attorneys' fees and all_coats arid
<br />expenses, unless any judgment or final order be issued in that proceeding,
<br />specifying otherwise.
<br />
<br />4.11 Notices. All notices hereunder shall be given in writing by eertified
<br />mail, ~ prepaid, at the following addresses:
<br />
<br />cabarrus county, P.O. Box: 707, Coneord, North Carolina 28026-0707
<br />
<br />Developer: Niblock Development Corporation, 300 McGill Ave., NW
<br />concord, NC 28027
<br />
<br />4.12 Aoolicable Law. Thi8 Agreement i. ente~ed into under and pursuant to,
<br />and is to be construed ana. enforceable in accordance with, the ,laws of the
<br />State of North Carolina.
<br />
<br />4.13 Execution of AQreoment. This Agreement may be executed in ~ult1ple parts
<br />as originals or by fac8imile copies of executed originals I provided, 'however,
<br />if executed and evidence of execution ,i. made by facsimile copy, then an
<br />original shall be provided to the other party within seven (7) day. ;of ,receipt
<br />of said,facaimile copy.
<br />
<br />4.14 Hold Harmless. Developer agree. eo and shall holdCabarrus County, its,
<br />officers, agents, empl~yees, consultants, apecial counsel and representatives
<br />harmless frOm liability: (1) for damages, just compensation, restitution
<br />judicial or equitable relief arising out of claims for per80nal injury,
<br />including health, and claims for property damage which may arise from the
<br />direct or indirect operations of the Developer or thll1'r contractors,
<br />subcontractors, agents, employees or other persons acting on their behalf which
<br />relates to theprojectl and (2) trom any claim that damages, just compen8ation,
<br />
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