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4.12
<br />
<br />4.13
<br />
<br />4,14
<br />
<br />4.15
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<br />Developer: Hayden McMahon Development, P.O. Box 31876,
<br />Charlotte, NC 28231.
<br />
<br />Aoolicable Law. This Agreement is entered into under and
<br />pursuant to, and Is to be construed and enforceable in accordance
<br />with, the laws of the State of N.C.
<br />
<br />Execution of Aareement. This Agreement may be executed in
<br />multiple parts as originals or by facsimile copies of executed
<br />originals; provided, however, if executed and evidence of execution
<br />is made by facsimile copy, then an original shall be provided to the
<br />other party within seven (7) days of receipt of said facsimile copy.
<br />
<br />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, including health, and
<br />claims for property 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 and 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 to 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 compensation, 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 specifications, or both, for the Project. The Developer
<br />further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of the County, including fees and costs for special
<br />counsel to be selected by Cabarrus County, regarding any action by
<br />a third party challenging the validity of this Agreement or asserting
<br />that damages, Just compensation, restitution, judicial or equitable
<br />relief is due to personal or property rights by reason of the terms
<br />of, or effects arising from this Agreement. Cabarrus County may
<br />make all reasonable decisions with respect to its representation in
<br />any legal proceeding.
<br />
<br />Relatlonshio of Parties. The contractual relationship between
<br />Cabarrus County and Developer arising out of this Agreement Is
<br />one of independent 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 pdvate
<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) Developer shall have the full power and exclusive
<br />control of the Property subject to the obligations of the Developer
<br />set forth in this Agreement.
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