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5.1.3 <br /> <br />5.1.4 <br /> <br />Damages UPOn Termination. In no event shall Developer be <br />entitled to any damages against Cabarrus County upon <br />termination of this Agreement. <br /> <br />lr)~tution of Le_aal Action. In addition to any other dghts or <br />remedies, either party may institute legal action to cure, <br />correct, or remedy any default or breach, to spedfically <br />enforce any covenants or agreements set forth in the <br />Agreement or to enjoin any threatened or attempted <br />violation of the Agreement; or to obtain any remedies <br />consistent with the purpose of the Agreement. Legal actions <br />shall be instituted in the Superior Court of the County of <br />Cabarrus, State of N.C., or in the Federal District Court in <br />the Middle District. <br /> <br />IN WTrNESS WHEREOF, this Agreement has been executed by Cabarrus County, <br />acting by and through its Planning Services Department, pursuant the approval <br />of the Project by the Cabarrus County Board of Commissioners, authorizing such <br />execution, and by a duly authorized representative of Developer. <br /> <br />Dated this ~ day of ,2004. <br />CABARRUS COUNTY <br /> <br />By: <br /> County Manager <br /> <br />DEVELOPER <br />Hayden McMahon Development <br /> <br />E~y: <br /> Partner <br /> <br />[attach notarized certificate of authority to execute] <br /> <br />North Carolina <br /> <br />, County <br /> <br />certify that <br />acknowledged that <br />acknowledged, on behalf of <br />foregoing instrument. <br /> <br />, a Notary Public for said County and State, do hereby <br />personally came before me this day and <br />he is of and <br />, the due execution of the <br /> <br />Witness my hand and official seal, <br /> ,2003. <br /> <br />this the day of <br /> <br />(Official Seal) <br /> <br />Notary Public <br /> <br />My commission expires <br /> <br />,20 . <br /> <br /> <br />