AG 2005 07 14 - Laserfiche WebLink

Home Browse Search

(4) Adoption of a law or other governmental activity making performance by the applipant unprofitable or more difficult or more expensive does not excuse the performance of the obligations by the Developer hereunder. (5) All other remedies at law-or in equity which are not inconsist~nt with the provisions of this Agreement or are available to the parties to pursue in the event there is a breach, maybe pursued by the applicahle party. 5.1.3 Damages Upon Termination. In no event ehallDeveloper be entitled to' any damages against Cabarrus county upon termination of this Agreement. 5.14 Institution of Leqal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement or to enjoin any threatened or attempted violation of the Agreement; or toohtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court o~ the County of cabarrus,State of N.C., or in the Federal District Court~n the Middle District, an~ the parties hereto submit to the personal jurisqiction of such courts without application of any conflicts of laws provisions of any jurisdiction. IN WITNBSSWHBRBOP, this Agreement has been executed byCabarrus County, acting by and through its Commerce Department, pur8uant the approval of the project by the Cabarrus County Board of Commissioners, authorizing such execution, and by a duly authorized represen~ative of Developer. Dated this_______dayof ,2005. CABARRUS COUNTY, North Carolina By: Authorized Signature DBVBLOPBRI Pul~. Hama Corporation By: Title: for Pulte Home Corporation [AttaCh notarized certificate of Developer's executing party's autho~ity to execute] Stale of COllDtyof I, ' . Notary Pub~c; certify that personally came before me this day and acknowledged that belsbe i. . a corporation, and thatbe/she~ 81 being authorized to do so, executed the foregoing Oll bebalf oflbe corporation. (official) (tide)-of I (titl.) Witneu my band and official seal this dayo! ,20--;.. My commission expires Notary Public E-l ;