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<br />4. General Terms and Conditions.
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<br />4.1 Aqreements to Run with the Land. This Agreement shall be recorded against the
<br />Property as described in Exhibit A hereto and shown on Exhibit B hereto. The agreements
<br />contained herein shall be deemed to run with the land and shall be binding on all successors in
<br />the ownership of the Property.
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<br />4.2 Construction of Aqreement. This Agreement should be construed so as to
<br />effectuate the public purpose of settlement of disputes, while protecting any compelling,
<br />countervailing public interest.
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<br />4.3 Laws of General Applicability. Where this Agreement refers to laws of general
<br />applicability to the Project and other properties, this Agreement shall be deemed to refer to
<br />other developed and subdivided properties in Cabarrus County.
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<br />4.4 Duration. The term of this Agreement shall commence on the date first above
<br />written, which shall be the effective date of this Agreement. The Term of this Agreement shall
<br />extend for a period of two years following the effective date unless the Agreement is earlier
<br />terminated, or its term modified. The term of this agreement shall automatically be extended
<br />for a period of two years following the filing of each record plat for a portion of the project.
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<br />4.5 Mutual Releases. At the time of, and subject to, (i) the expiration of any
<br />applicable appeal period with respect to the approval of this Agreement without an appeal
<br />having been filed or (ii) the final determination of any court upholding this Agreement,
<br />whichever occurs later, and excepting the parties' respective rights and obligations under this
<br />Agreement, Developer, on behalf of itself and Developer's partners, officers, directors,
<br />employees, agents, attorneys and consultants, hereby releases Cabarrus County and Cabarrus
<br />County board members, officials, employees, agents, attorneys and consultant, and Cabarrus
<br />County, on behalf of itself and the Cabarrus County board members, officials, employees,
<br />agents, attorneys and consultants, hereby release Developer and Developer's partners, officers,
<br />directors, employees, agents, attorneys and consultants, from and against any and all claims,
<br />demands, liabilities, costs, expenses of whatever nature, whether known or unknown, and
<br />whether liquidated or contingent, arising on or before the date of this Agreement in connection
<br />with the application, processing or approval of the Project.
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<br />4.6 State and Federal Law. The parties agree, intend and understand that the
<br />obligations imposed by this Agreement are only such as are consistent with state and federal
<br />law. The parties further agree that .if any provision of this Agreement becomes, in its
<br />performance, inconsistent with state or federal law or is declared invalid, this Agreement shall
<br />be deemed amended to the extent necessary to make it consistent with state or federal law, as
<br />the case may be, and the balance of the Agreement shall remain in full force and effect.
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<br />4.7 Enforcement. The parties to this Agreement recognize that Cabarrus County has
<br />the right to enforce its rules, policies, regulations, ordinances, and the terms of this Agreement
<br />by seeking an injunction to compel compliance with the terms of this Agreement. In the event
<br />that Developer or any user on the subject property violates the rules, policies, regulations or
<br />ordinances of Cabarrus County or violates the terms of this Agreement, Cabarrus County may,
<br />without seeking an injunction and after ten (10) days' notice to correct the violation, take such
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