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3.2
<br />
<br />Transfer of Prolect. Developer shall be entitled to transfer any
<br />portion of this ProJect subject to the terms of this Consent
<br />Agreement upon written notice to and wdtten consent of the
<br />County, which consent shall not be unreasonably withheld. In the
<br />event of any such transfer, 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
<br />
<br />Release of Develooer. Zn the event of a transfer of all of the
<br />remaining portion of the ProJect, the Developer shall obtain an
<br />assumption by the transferee of the Developer's' obligations 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 released from any
<br />further obligations with respect to this Consent Agreement.
<br />
<br />General Terms and Conditions.
<br />
<br />4.1
<br />
<br />Aqreements to Run with the Land. This Agreement shall be
<br />recorded against the 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 Aareement. This Agreement should be construed
<br />so as to effectuate the public purpose of settlement of disputes,
<br />while protecting any compelling, countervailing public interest.
<br />
<br />4.3
<br />
<br />Laws of General Aoolicabilitv. Where this Agreement refers to laws
<br />of general applicability to the ProJect and other properties, this
<br />Agreement shall be deemed to refer to other developed and
<br />subdivided properties in Cabarrus County.
<br />
<br />4.4
<br />
<br />Duration. The term of this Agreement shall commence on, and the
<br />effective date of this Agreement. The Term of this Agreement shall
<br />extend for a period of two years following the effective date unless
<br />the Agreement Is earlier terminated, or its term modified. The term
<br />of this agreement shall 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 Re_eulations.
<br />
<br />4.5
<br />
<br />Mutual Releases. At the time of, and subject to, (I) the expiration
<br />of any applicable appeal pedod 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 excepting the paKees' respective rights and
<br />obligations under this Agreement, Developer, on behalf of itself and
<br />Developer's partners officers, directors, employees, agents,
<br />attorneys and consultants, hereby release Cabarrus County and
<br />Cabarrus County board members, officials, employees, agents,
<br />at~rneys and consultant, 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 partners, officers, directors, employees, agents,
<br />attorneys and consultants, 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 date of this Agreement in connectJon with the
<br />
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