AG 2004 07 26 - Laserfiche WebLink

Home Browse Search

4.6 4.7 4.8 4.9 4.10 4.11 demands, liabilities, costs, expenses of whatever nature, whether known or unknown, and whether liquidated or contingent, arising on or before the date of this Agreement ~n connection with the application, processing or approval of the Miles Little Subdivision Project. State and Federal Law. The parties agree, intend and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. The part~es further agree that if any provision of th~s Agreement becomes, in its performance, inconsistent with state or federal law or is declared invalid, this Agreement shall be deemed amended to the extent necessary to make it consistent with state or federal law, as the case may be, and the balance of the Agreement shall remain in full force and effect. Enforcement. The parties to th~s Agreement recognize that Cabarrus County has the right to enforce its rules, policies, regulations, ordinances, and the terms of this Agreement by seeking an injunction to compel compliance with the terms of this Agreement. :In the event that Developer or any user on the subject property violates the rules, policies, regulations or ordinances of Cabarrus County or violates the terms of this Agreement, Cabarrus County may, without seeking an injunction and after ten (10) days' notice to correct the violation, take such actions as shall be deemed appropriate under law until such conditions have been honored by the Developer. Cabarrus County shall be free from any l~ability arising out of the exercise of its rights under this paragraph. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. No officer, official or agent of Cabarrus County has the power to amend, modify or alter th~s Agreement or waive any of its conditions as to bind Cabarrus County by making any promise or representation not contained herein. Entire Aareement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually agreed to and accepted by both parties to th~s Agreement. Attorneys Fees. Should any party hereto employ an attorney for the purpose of enforcing this Agreement, or any judgment based on th~s Agreement, for any reason or in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearings, and whether or not an action has actually commenced, the prevailing party shall be entitled to receive from the other party thereto reimbursement for all attorneys' fees and all costs and expenses. Should any judgment or final order be issued in that proceeding, said reimbursement shall be specified therein. Notices. All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: 5