Laserfiche WebLink
<br />4.7 Enforcement. The parties to this Agreement recognize that, in addition <br />to other remedies that may be available, Cabarrus County has the right to <br />enforce its rules, policies, regulations, ordinances, and the terms of this <br />Agreement by seeking an injunction to compel compliance with the terms of this <br />Agreement. In the event that Land Owner or any subsequent owner or user of all <br />or any portion of the Project Property violates the rules, policies, <br />regulations or ordinances of Cabarrus County or violates the terms of this <br />Agreement, Cabarrus County may, without seeking an injunction and after ten <br />(10) days' notice to correct the violation, take such actions as shall be <br />deemed appropriate under law until such conditions have been honored by the <br />Developer. Cabarrus County shall be free from any liability arising out of the <br />exercise of its rights under this paragraph. <br /> <br />4.8 NO Waiver. Failure of a party hereto to exercise any right hereunder <br />shall not be deemed a waiver of any such right and shall not affect the right <br />of such party to exercise at some future time said right or any other right it <br />may have hereunder. No officer, official or agent of Cabarrus County has the <br />power to amend, modify or alter this Agreement or waive any of its conditions <br />as to bind Cabarrus County by making any promise or representation not <br />contained herein. <br /> <br />4.9 Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties and supersedes all prior agreements, whether oral or <br />written, covering the same subject matter. This Agreement may not be modified <br />or amended except in writing mutually agreed to and accepted by both parties to <br />this Agreement. <br /> <br />4.10 Attorneys Fees. Should any party hereto employ an attorney for the <br />purpose of enforcing this Agreement, or any judgment based on this Agreement, <br />for any reason or in any legal proceeding whatsoever, including insolvency, <br />bankruptcy, arbitration, declaratory relief or other litigation, including <br />appeals or rehearings, and whether or not an action has actually commenced, <br />each party shall be responsible for their own attorneys' fees and all costs and <br />expenses, unless any judgment or final order be issued in that proceeding, <br />specifying otherwise. <br /> <br />4.11 Notices. All notices hereunder shall be given in writing by certified <br />mail, postage prepaid, at the following addresses: <br /> <br />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026-0707 <br /> <br />Land Owner: Cl~rke Creek Land company, LLC, 1910 South Boulevard, <br />Suite 200, Charlotte, NC 28203 <br /> <br />4.12 Applicable Law. This Agreement is entered into under and pursuant to, <br />and is to be construed and enforceable in accordance with, the laws of the <br />State of North Carolina. <br /> <br />4.13 Execution of Aqreement. This Agreement may be executed in multiple parts <br />as originals or by facsimile copies of executed originalsi provided, however, <br />if executed and evidence of execution is made by facsimile copy, then an <br />original shall be provided to the other party within seven (7) days of receipt <br />of said facsimile copy. <br /> <br />4.14 Hold Harmless. Land Owner agrees to and shall hold Cabarrus County, its, <br />officers, agents, employees, consultants, special counsel and representatives <br />harmless from liability: (1) for damages, just compensation, restitution <br />judicial or equitable relief arising out of claims for personal injury, <br />including health, and claims for property damage which may arise from the <br />direct or indirect operations of the Land Owner or their contractors, <br />subcontractors, agents, employees or other persons acting on their behalf which <br />relates to the project; and (2) from any claim that damages, just compensation, <br />restitution, judicial or equitable relief is due by reason of the terms of or <br />effects arising from this Agreement. Land Owner agrees to pay all costs for the <br />defense of Cabarrus County and its officers, agents, employees, consultants, <br />special counsel and representatives regarding any action for damages, just <br />compensation, restitution, judicial or equitable relief caused or alleged to <br />have been caused by reason of Land Owner's actions ,in connection with the <br />Project or any claims arising out of this Agreement. This hold harmless <br />Agreement applies to all claims for damages, just compensation, restitution, <br />judicial or equitable relief suffered or alleged to have been suffered by <br />reason of the events referred to in this paragraph or due by reason of the <br />terms of, or effects, arising from this Agreement regardless of whether or not <br />the County prepared, supplied or approved this Agreement, .plans or <br />specifications, or both, for the project. Land Owner further agrees to <br /> <br />u~ <br />