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<br />actions as shall be deemed appropriate under law until such conditions have been honored by
<br />the Developer. Cabarrus County shall be free from any liability arising out of the exercise of its
<br />rights under this paragraph.
<br />
<br />4.8 No Waiver. Failure of a party hereto to exercise any right hereunder shall not be
<br />deemed a waiver of any such right and shall not affect the right of such party to exercise at
<br />some future time said right or any other right it may have hereunder. No officer, official or
<br />agent of Cabarrus County has the power to amend, modify or alter this Agreement or waive any
<br />of its conditions as to bind Cabarrus County by making any promise or representation not
<br />contained herein.
<br />
<br />4.9 Entire Aqreement. This Agreement constitutes the entire agreement between
<br />the parties and supersedes all prior agreements, whether oral or written, covering the same
<br />subject matter. This Agreement may not be modified or amended except in writing mutually
<br />agreed to and accepted by both parties to this Agreement. The Recitals at the beginning of this
<br />Agreement are hereby adopted by the parties and shall be an integral part of this Agreement.
<br />
<br />4.10 Attorneys Fees. Should any party hereto employ an attorney for the purpose of
<br />enforcing this Agreement, or any judgment based on this Agreement, for any reason or in any
<br />legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or
<br />other litigation, including appeals or rehearings, and whether or not an action has actually
<br />commenced, the prevailing party shall be entitled to receive from the other party thereto
<br />reimbursement for all attorneys' fees and all costs and expenses. Should any judgment or final
<br />order be issued in that proceeding, said reimbursement shall be specified therein.
<br />
<br />4.11 Notices. All notices hereunder shall be given in writing by certified mail, postage
<br />prepaid, at the following addresses:
<br />
<br />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026-0707
<br />Developer: GLK Group, LLC, 815 Wood more Lane, Kannapolis, NC 28081.
<br />
<br />This Agreement is entered into under and pursuant to, and is to be construed and
<br />enforceable in accordance with, the laws of the State of N.c.
<br />
<br />4.12 Execution of Agreement. This Agreement may be executed in multiple parts as
<br />originals or by facsimile copies of executed originals; provided, however, if executed and
<br />evidence of execution is made by facsimile copy, then an original shall be provided to the other
<br />party within seven (7) days of receipt of said facsimile copy.
<br />
<br />4.13 Hold Harmless. Developer agrees to and shall hold Cabarrus County, its officers,
<br />agents, employees, consultants, special counsel and representatives harmless from liability: (1)
<br />for damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including health, and claims for property damage which may arise from the
<br />direct or indirect operations of the Developer or their contractors, subcontractors, agents,
<br />employees or other persons acting on their behalf which relates to the project; and (2) from
<br />any claim that damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement, except for due to the breach
<br />hereof. This hold harmless agreement applies to all claims for damages, just compensation,
<br />
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