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<br />(3) Non-performance shall not be excused because of a failure of a third <br />person. <br /> <br />(4) An express repudiation¡ refusal or renunciation of the contract, if the <br />same is in writing and signed by the Developer¡ shall be sufficient to <br />terminate this Agreement and a hearing on the matter shall not be <br />required. <br /> <br />(5) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Agreement or are available to the parties to <br />pursue in the event there is a breach. <br /> <br />5.1.3 Damages Upon Termination. In no event shall Developer be entitled to <br />any damages against Cabarrus County upon termination of this <br />Agreement except if such termination constitutes a breach of this <br />Agreement. <br /> <br />5.1.4 Institution of Leqal Action. In addition to any other rights or remedies¡ <br />either party may institute legal action to cure, correct¡ or remedy any <br />default or breach, to specifically enforce any covenants or agreements set <br />forth in the Agreement or to enjoin any threatened or attempted violation <br />of the Agreement; or to obtain any remedies consistent with the purpose <br />of the Agreement. Legal actions shall be instituted in the Superior Court <br />of the County of Cabarrus, State of N.c., or in the Federal District Court <br />in the Middle District. <br /> <br />SIGNATURES ARE ON THE FOLLOWING PAGE. <br /> <br />7 <br /> <br />0.- <br />