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<br />!llDK5286 PAC! 274.
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<br />3.2 Transfer of Proiect.: Developer shall be entitled to transfer any
<br />portion of this Prcilject subject to the terms of this Consent
<br />Agreement upon written notice to and written consent of the
<br />County, which cons$nt shall not be unreasonabiy withheld. In the
<br />event of any such ~ransfer, the transferee shall be deemed to be
<br />the Developer for all purposes under this Consent Agreement with
<br />, respect to that portion of the Project transferred.
<br />
<br />3.3 Release of Develoo~r. In the event of a transfer of all of the'
<br />remaining portion Qf the Project, the Developer shall obtain an
<br />assumption by the uransferee of the Developer's'obllgations under
<br />this Agreement, and, in such an event, the transferee shall be fully
<br />substituted as the, Developer under this Agreement and the
<br />Developer executing this Agreement shall be reieased from any
<br />further obligations \'11th respect to this Consent Agreement.
<br />
<br />4. General Terms andConditillns.
<br />
<br />4.1
<br />
<br />Aoreements to Ru~ with the Land. this' Agreement shall be
<br />recorded against th. Property as described in Exhibit A hereto and
<br />shown on Exhibit A hereto. The agreements contained herein shall
<br />be deemed to run with the land and shall be binding On all
<br />successors In the ownership of the Property.
<br />
<br />4.2
<br />
<br />Construction of Aoreement. This Agreement should be construed
<br />so as to effectuate .the public purpose of settlement of disputes,
<br />while protecting an", compelling, countervailing public Interest~
<br />,
<br />
<br />4.3
<br />
<br />. ,. . '
<br />Laws of General AO~IiCabi1ltv. Where this Agreement refers to laws
<br />of general applicab,lIty to the Project and other properties, this
<br />Agreement shall b!e deemed to refer to other developed ,and
<br />subdivided propertl~s in Cabarrus County.
<br />
<br />4.4
<br />
<br />Duration. The term of this Agreement shall commence on, and the
<br />effective date of thi$ Agreement. The Term orthis Agreement shall
<br />extend for a period :of two years following the effective date unless
<br />the Agreement Is e~r1ler terminated, or Its term modified. The term
<br />of this agreement ~hall automatically be extended for a period of
<br />two years following; the filing of each record plat for a portion of
<br />the project, In accordance with the Subdivision Reoulatlons.
<br />
<br />Mutual Releases. ~t the time of, and subject to, (I) the expiration
<br />of any applicable aRpeal period with respect to the approval of this
<br />Agreement without an appeal having been filed or (Ii) the final
<br />determination of any court upholding this Agreement, whichever
<br />occurs later, and lexcepting the parties' respective rights and
<br />obligations under this Agreement, Developer, on behalf of Itself and
<br />Developer's partn~rs officers, directors, employees, agents,
<br />attorneys and con$ultants, hereby release Cabarrus County and
<br />Cabarrus County i!loard members, officials, employees, agents, .
<br />attorneys and cons~ltant, and Cabarrus County, on behalf of Itself
<br />and the Cabarrus ,County board members, officials, employees,'
<br />agents, attorneys and consultants, hereby releases Developer and
<br />Developer's partntrs, officers, directors, employees, agents,
<br />attomeys and con~ultants, from and against any and all claims,
<br />demands, liabilities! costs, expenses of whatever nature, whether
<br />known or unknown, and whether liquidated or contingent, arising
<br />on or before the ~ate of this Agreement in connection with the
<br />
<br />4.S
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<br />4
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<br />&-311
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