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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 pursued by the applicable party; <br /> <br />5.1.3 Damaqes Upon Termination. In no event shan 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 />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 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 WITNBSS WHERBOF, this Agreement has been executed by Cabarrus County, acting <br />by and through ~ts Commerce Department,pursuant the approval of the Project by <br />the Cabarrus County Board of Commissioners, authorizing suchexecution,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 />D2VBLOPBRI Crosland ~. <br /> <br />By: <br /> <br />Title: <br /> <br />for' Crosland Homes <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, ccrtifytbat <br />pcnonally came before me this day and acknowledged,that be/she is <br />,a corporation, and tbathel.be, as <br />being authorized to do so,executed the fOfCgoing on behalf of the corporation. <br /> <br />(official) <br /> <br />(title) of <br /> <br />(title) <br /> <br />Witness my band and official seal this <br /> <br />day of <br /> <br />.20_. <br /> <br />My commission expires <br /> <br />Notary Public <br /> <br />E-I <br />