<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
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