AG 2004 10 04 RECESSED - Laserfiche WebLink

Home Browse Search

restitution, judicial or equitable relief suffered or alleged to have been suffered by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement regardless of whether or not the County prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. Cabarrus County may make all reasonable decisions with respect to its representation in any legal proceeding. 4.15 Relationship of Parties. The contractual relationship between Cabarrus County and Developer arising out of this Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that: (a) the Project is a private development; (b) County has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property unless the County accepts the improvements pursuant to the provisions of this Agreement or in connection with subdivision map approval; and (c) Developer shall have the full power and exclusive control of the Property subject to the obligations of the Developer set forth in this Agreement. 5.1 Default. 5.1.1 Events of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation or statement made or furnished by Developer to Cabarrus County is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by Cabarrus County following a periodic review that upon the basis of substantial evidence the Developer has not complied in good faith with one or more of the terms or conditions of this Agreement. (3) 5.1.2 Procedure upon Default. (1) Upon the occurrence of default, County shall give Developer (the "defaulting party/() thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, Cabarrus County may terminate or amend this Agreement in accordance with the procedure adopted by Cabarrus County. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. (2) Cabarrus County does not waive any claim of defect in performance by Developer; if on periodic review Cabarrus County does not propose to modify or terminate this Agreement. 6 C)..