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4.6
<br />
<br />4.7
<br />
<br />4.8
<br />
<br />4.9
<br />
<br />attorneys 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 th~s Agreement in connection with the
<br />application, processing or approval of the Tucker Chase Subd~wsion
<br />Project.
<br />
<br />4.10
<br />
<br />State ~nd 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 part~es further agree
<br />that if any prows~on of this Agreement becomes, in its
<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 ~t consistent w~th state or federal law, as the
<br />case may be, and the balance of the Agreement shall remain ~n full
<br />force and effect.
<br />
<br />Enforcement. The parties to th~s Agreement recognize that
<br />Cabarrus County has the right to enforce its rules, policies,
<br />regulations, ordinances, and the terms of th~s 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 ~n.lunction and after ten (10) days'
<br />notice to correct the violation, take such actions as shall be deemed
<br />appropriate under law until sucN 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 t~me
<br />said right or any other right 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 Aqreement. This Agreement constitutes the entire
<br />agreement between the part~es and supersedes all prior
<br />agreements, whether oral or written, covering the same subject
<br />matter. Th~s 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 />Attgrneys 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, ~ncluding 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 entitled to receive from the other party
<br />thereto reimbursement for all attorneys' f~es and all costs and
<br />
<br />5
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