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<br /> <br />(2) A finding and determination made by Cabarrus County <br />following a periodic review that upon the basis of <br />substantial evidence the Developer has not complied in <br />good faith with one or more of the terms or conditions <br />of this Agreement. <br /> <br />(3) Any other event¡ condition, act or omission which <br />materially interferes with the intent and objectives of <br />this Agreement. <br /> <br />5.1.2 Procedure upon Default. <br /> <br />(1) . Upon the occurrence of default, County shall give <br />Developer (the "defaulting party") thirty. (30) days <br />written notice specifying the nature of the alleged <br />default and, when appropriate, the manner in which <br />said default may be satisfactorily cured. After proper <br />notice and expiration of said thirty (30) day cure period <br />without cure, Cabarrus County may terminate or amend <br />this Agreement in. accordance with the procedure <br />adopted by Cabarrus County. Failure or delay in giving <br />notice of default shall not constitute a waiVer of any <br />default, nor shall it change the time of default. <br /> <br />.,'" <br /> <br />(2) Cabarrus County does not waive any claim of defect in <br />performance by Developer, if on periodic review <br />Cabarrus County does not propose to modify or <br />terminate this Agreement. <br /> <br />. (3) Non-performance shall not be excused because of a <br />failure of a third person. <br /> <br /> <br />(4) An express repudiation, refusal or renunciation of the <br />contract, if the same is in writing and signed by the <br />Developer, shall be sufficient to terminate this <br />Agreement and a hearing on the matter shall not be <br />required. . . <br /> <br />(5) Adoption of a law or other governmental activity making <br />performance by the applicant unprofitable or more <br />difficult or more expensive does not excuse the <br />performance of the obligation by the Developer. <br /> <br />(6) All other remedies at law or inequity which are not <br />consistent with the provisions of this Agreement or are <br />available to the parties to pursue in the event there is a <br />breach. <br /> <br />5.1.3 Damages UDon Termination. In no event shall Developer be <br />entitled to any damages against Cabarrus County upon <br />termination of this Agreement. <br /> <br />5.1.4 Institution of Leaal Action. In addition to any other rights or <br />remedies, either party may institute legal action to cure, <br />correct, or remedy any default or breach, to specifically. <br />enforce any covenants or agreements set forth in the <br />Agreement or to enjoin any threatened or attempted <br />violation of the Agreement; or to obtain any remedies <br />consistent with the purpose of the Agreement. Legal actions <br /> <br />7 <br />F--If) <br />