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4.6 <br /> <br />4.7 <br /> <br />4.8 <br /> <br />4.9 <br /> <br />4.10 <br /> <br />4.11 <br /> <br />applicaUon, processing or approval of the Peach Orchard Estates <br />Project. <br /> <br />State and Federal Law. The parties agree, intend and understand <br />that the obligations imposed by this Agreement are only such as <br />are consistent with state and federal law. The parties further agree <br />that if any provision of this Agreement becomes, in i~s <br />performance, inconsistent with state or federal law or is declared <br />invalid, this Agreement shall be deemed amended to the extent <br />necessary to make it consistent with state or federal law, as the <br />case may be, and the balance of the Agreement shall remain in full <br />force and effect. <br /> <br />Enforcement. The partJes to this Agreement recognize that <br />Cabarrus County has the dght to enforce its rules, policies, <br />regulations, ordinances, and the terms of this Agreement by <br />seeking an injunction to compel compliance with the terms of this <br />Agreement. In the event that Developer or any user on the subject <br />property violates the rules, policies, regulations or ordinances of <br />Cabarrus County or violates the terms of this Agreement, Cabarrus <br />County may, without seeking an injunction and after ten (10) days' <br />notice to correct the violation, take such actions as shall be deemed <br />appropriate under law until such conditions have been honored by <br />the Developer. Cabarrus County shall be free from any liability <br />arising out of the exercise of its rights under this paragraph. <br /> <br />No Waiver. Failure of a party hereto to exercise any right <br />hereunder shall not be deemed a waiver of any such right and shall <br />not affect the right of such party to exercise at some future time <br />said right or any other dght it may have hereunder. No officer, <br />official or agent of Cabarrus County has the power to amend, <br />modify or alter this Agreement or waive any of its conditions as to <br />bind Cabarrus County by making any promise or representation not <br />contained herein. <br /> <br />Entire Aareement. This Agreement constitutes the entire <br />agreement between the parties and supersedes all pdor <br />agreements, whether oral or written, covering the same subject <br />matter. This Agreement may not be modified or amended except <br />in writing mutually agreed to and accepted by both parties to this <br />Agreement. <br /> <br />Attorneys Fees. Should any party hereto employ an attorney for <br />the purpose of enforcing this Agreement, or any judgment based <br />on this Agreement, for any reason or in any legal proceeding <br />whatsoever, including insolvency, bankruptcy, arbitration, <br />declaratory relief or other litigation, including appeals or <br />rehearings, and whether or not an action has actually commenced, <br />the prevailing party shall be entiUed to receive from the other party <br />thereto reimbursement for all attorneys' fees and all costs and <br />expenses. Should any judgment or final order be issued in that <br />proceeding, said reimbursement shall be specified therein. <br /> <br />Notices. All notices hereunder shall be given in wdting by certified <br />mail, postage prepaid, at the following addresses: <br /> <br />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026- <br />0707 <br /> <br /> <br />