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<br />..
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<br />assumption by the transferee of the Developer's' obligations under
<br />this Agreement, and, in such an event, the transferee shall be fully
<br />substituted as the Developer under this Agreement and the
<br />Developer executing this Agreement shall be released from any
<br />further obligations with respect to this Consent Agreement.
<br />
<br />4. General Terms and Conditions.
<br />
<br />4.1
<br />
<br />Aareements to Run. with the Land. This Agreement shall be
<br />recorded against the Property as described in exhibit A hereto and
<br />shown on Exhibit A hereto. The agreements contained herein shall
<br />be deemed to run with the land and shall be binding on all
<br />successors in the ownership of the Property.
<br />
<br />4.2
<br />
<br />Construction of Agreement. This Agreement should be construed
<br />so as to effectuate the public purpose of settlement of disputes,
<br />while protecting any compelling, countervailing public interest.
<br />
<br />Laws of General Accllcabillty. Where this Agreement refers to laws
<br />of general applicability to the Project and other properties, this.
<br />Agreement shall be deemed to refer to other developed and
<br />subdivided properties in Cabarrus County. .1
<br />
<br />4.3
<br />
<br />4.4
<br />
<br />Duration. The term of this Agreement shall commence on, and the
<br />effective date of this Agreement. The Term of this Agreement shall
<br />extend for a period of two years following the effective date unless
<br />the Agreement is earlier terminated, or its term modified. The term
<br />of this agreement shall automatically be extended for a period of
<br />two years following the filing of each record plat for a portion of
<br />the project, in accordance with the Subdivision Reaulatlons.
<br />
<br />4.5
<br />
<br />Mutual Releases. At the time of, and subject to, (I) the expiration
<br />of any applicable appeal period with respect to the. approval of this
<br />Agreement without an appeal having been filed or (Ii) the final
<br />determination of any court upholding this Agreement, whichever
<br />occurs later, and excepting the parties' respective rights and
<br />obligations under this Agreement, Developer, on behalf of itself and
<br />Developer's partners officers, directors, employees, agents,
<br />attorneys and consultants, hereby release Cabarrus County and
<br />Cabarrus County board members, officials, employees, agents,
<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 this Agreement in connection with the
<br />application, processing or approval of the Kensington Forest
<br />Project.
<br />
<br />4.6
<br />
<br />State and 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 parties further agree
<br />that if any provision of this Agreement becomes, In its
<br />performance, inconsistent with state or federal law or i~ declared
<br />invalid, this Agreement shall 'be deemed amended to the extent
<br />necessary to make it consistent with state or federal law, as the
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<br />4
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<br />F-/B
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