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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 riot 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 he pursued by the applicable party. <br /> <br />5.1.3 Damaqes Upon Termination. In no event shall Developer be entitled to any <br />damages against Cabarrus County upon termination of this Agreement. <br /> <br />5.14 Institution of Leqal Action. In addition to any other rights or <br />remediee, either party may 'institute logal 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 Agreement/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 Federal District Court in the <br />Middle District, ,and the parties hereto submit to the personal jurisdiction of <br />such courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br /> <br />IN WITNESS WHBRBOF, this Agreement has been executed by Caharrus County, acting <br />by and through its Commerce Department, pursuant the approval of the Project by <br />the Cabarrus county Board of Commissioners, authorizing such execution, and by <br />a duly authorized representative of Developer. <br /> <br />Dated this_______dayof <br /> <br />,2005. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />By: <br /> <br />Authorized Signature <br /> <br />DBVELOPBRI Niblock D.v.lo~nt corporation <br /> <br />By: <br /> <br />Title: <br /> <br />for Niblock Development corporation <br /> <br />[Attach notarized certificate of Developer's executing party's authority to <br />execute] <br /> <br />Statcof <br /> <br />County of <br /> <br />I, . I Notary PubliCi certify that <br />personally camc before me tbis day and acknowledged that bolshe ia <br />, a corporation, and that belshe, 118 <br />being authorized to do SO, executed the fOfCgoingon beha1f of the corporation. <br /> <br />(official) <br /> <br />(title) of <br /> <br />(titl.) <br /> <br />Witness my hand and,official seal thii <br /> <br />day of <br /> <br />,20_. <br /> <br />My commiSlion expires <br /> <br />Notary Public <br /> <br />G.-I <br />