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<br />(3) Non-performance shall not be, excused because of a failure of a third <br />person. <br /> <br />(4) Adoption of a law or other governmental activity making performance by <br />the applicant unprofitable or more difficult or more expensive does not excuse <br />the performance of the obligations by the Developer hereunder. <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 pursue in <br />the event there is a breach, may be pursued by the applicable party. <br /> <br />5.1.3 Damages Upon Termination. In no event shall Developer be entitled to any <br />damages against Cabarrus County upon termination of this Agreement. <br /> <br />5.14 Institution o.f Legal Action. In addition to any other rights or <br />remedies, either party may institute legal action to cure, correct, or remedy <br />any default or breach, to specifically enforce any covenants .or agreements set <br />forth in the Agreement or to enjoin any threatened or attempted violation of <br />the Agreement; or to obtain any remedies consistent with the purpose of the <br />Agreement. Legal actions shall be instituted in the superior Court .of the <br />County of Cabarrus, State of N.C., or in the Federal District Court in the <br />Middle District, and the parties hereto submit to the personal jurisdiction of <br />such courts without application of any conflicts of laws provisions of any <br />jurisdiction. <br /> <br />IN WITNESS WHEREOF, this Agreement has been executed by cabarrus County, acting <br />by and through its Commerce Department, pursuant the approval of the project by <br />the Cabar~us County Board of Commissioners, authorizing such execution, and by <br />a duly authorized representative of Developer. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2004. <br /> <br />CABARRUS COUNTY, North Carolina <br /> <br />.By: <br /> <br />Authorized Signature <br /> <br />DEVELOPER. Touche, LLC <br /> <br />By: <br /> <br />Authorized Signature <br /> <br />[Attach notarized certificate of Developer's executing party's authority to <br />execute] <br /> <br />North Carolina <br /> <br />County <br /> <br />I, , a Notary Public <br />do hereby certify that <br />day and acknowledged that he is <br />acknowledged, on behalf of <br />foregoing instrument. <br /> <br />for the said County and State, <br />personally came before me this <br />of and <br />, the due execution of the <br /> <br />Witness my hand and official seal, this the <br />, 2004. <br /> <br />day of <br /> <br />(Official. Seal) <br /> <br />Notary Public <br /> <br />My commission expires <br /> <br />,20_ <br /> <br />..1 <br />"", <br /> <br />l=?-~ <br />