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<br />aOOK 5286 PAG! 276
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<br />Developer: Haydeni McMahon Development, P.O. Elox 31876,
<br />Charlotte, NC 28231~
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<br />4.12 Aoollcable Law. This Agreement is entered Into under' and
<br />pursuant to, and is to be construed and enforceabie in accordance
<br />with, the laws of thel State of N.C.
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<br />4.13 Execution of Aoreement. this Agreement may be executed In
<br />muitlpie parts as originals or by facsimile copies of executed
<br />orlglnais; provided, powever, If executed and evidence of execution
<br />is made by facslmll€i copy, then an original shall be provided to the
<br />other party within s~ven (7) days of receipt of said facsimile copy.
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<br />4.14 Hold Harmless. Developer agrees to and shall hold Cabarrus
<br />County, its, officers, agents, employees, consultants, special
<br />counsel and representatives harmless from liability: (1) for
<br />damages, just compensation, restitution Judicial or equitable relief
<br />arising out of claims for personal Injury, Inciudlng health, and
<br />claims for property i damage which may arise from the direct or
<br />Indirect operations of the Developer or their contractors,
<br />subcontractors, agents, employees or other persons acting on their
<br />behalf which relateS to the project; and (2) from any claim that
<br />damages, just compensation, restitution, Judicial or equitable relief
<br />is due by reason Of the terms of or effects arising from this
<br />Agreement. Developer agrees to pay all costs for the defense of
<br />Cabarrus County arjd Its officers, agents, employees, consultants,
<br />special counsel and representatives regarding any action for
<br />damages, just compensation, restitution, Judicial or equitable relief
<br />caused or alleged tP have been caused by reason of Developer's
<br />actions in connection with the Project or any claims arising out of
<br />this Agreement. this hold harmless Agreement applies to all claims
<br />for damages, just ~ompensatlon, restitution, Judicial or equitable
<br />relief suffered or alleged to have been suffered by reason of the
<br />events referred to in this paragraph or due by reason of the terms
<br />of, or effects, arising from this Agreement regardless of whether or
<br />not the County prepared, supplied or approved this Agreement,
<br />plans or specificati~ns, or both, for the Project. The Developer
<br />further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of th~ County, Including fees and costs for special
<br />counsel to be selected by Cabarrus County, regarding any action by
<br />,
<br />a third party challenging the validity of this Agreement or asserting
<br />that damages, just 'compensatlon,restitutlon, Judicial or equitable
<br />relief is due to pe~onal or property rights by reason of the terms
<br />of, or effects arlsin~ from this Agreement. Cabarrus County may
<br />make all reasonable decisions with respect to Its representation in
<br />any legal proceeding.
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<br />4.15 Relatlonshlo of pajties. The contractual relationship between
<br />Cabarrus County ahdDeveloper arising out of this Agreement is
<br />one of Independen~ contractor and not agency. this Agreement
<br />does not create any third party beneficiary rights. It Is specifically
<br />understood by the parties that: (a) the Project Is a private
<br />development; (b) County has no Interest In or responsibilities for or
<br />duty to third parties concerning any improvements to the Property
<br />unless the County, accepts the improvements pursuant to the
<br />provisions of this Agreement or In connection with subdivision map
<br />approval; and (c) ~eveloper shall have the full power and exclusive
<br />control of the Prop~rty subject to the obligations of the Developer
<br />set forth In thiS Agrj!ement.
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<br />G-~~11
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