Laserfiche WebLink
4.6 <br /> <br />4.7 <br /> <br />4.8 <br /> <br />4.9 <br /> <br />and the Cabarrus County board members, officials, employees, <br />agents, attorneys and consultants, hereby releases Developer and <br />Developer's partners, officers, d~rectors, employees, agents, <br />attorneys and consultants, from and against any and all claims, <br />demands, I~ab~lit~es, costs, expenses of whatever nature, whether <br />known or unknown, and whether I~qu~dated or contingent, ans~ng <br />on or before the date of th~s Agreement ~n connection w~th the <br />application, processing or approval of the Ern~e Irvin/Hartsell <br />Estates Project. <br /> <br />State and Federal Law. The part~es agree, ~ntend and understand <br />that the obl.gations ~mposed by th~s Agreement are only such as <br />are consistent with state and federal law. The part~es further agree <br />that if any prows~on of th~s Agreement becomes, ~n <br />performance, ~ncons~stent with state or federal law or is declared <br />~nvahd, th~s Agreement shall be deemed amended to the extent <br />necessary to make ~t consistent w~th state or federal law, as the <br />case may be, and the balance of the Agreement shall remain ~n full <br />force and effect. <br /> <br />Enforcement. The parties to this Agreement recognize that <br />Cabarrus County has the nght to enforce its rules, policies, <br />regulations, ordinances, and the terms of this Agreement by <br />seeking an injunction to compel compliance w~th the terms of this <br />Agreement. 1;n the event that Developer or any user on the-subject <br />property wolates the rules, policies, regulations or ordinances of <br />Cabarrus County or wolates the terms of th~s Agreement, Cabarrus <br />County may, without seeking an injunction and after ten (10) days' <br />notice to correct the wolation, take such actions as shall be deemed <br />appropriate under law until such conditions have been honored by <br />the Developer. Cabarrus County shall be free from any hability <br />arising out of the exercise of ~ts rights under this paragraph. <br /> <br />No Waiver. Failure of a party hereto to exercise any right <br />hereunder shall not be deemed a waiver of any such right and shall <br />not affect the right of such party to exercise at some future time <br />said right or any other right it may have hereunder. No officer, <br />official or agent of Cabarrus County has the power to amend, <br />mod,fy or alter this Agreement or waive any of its conditions as to <br />bind Cabarrus County by making any promise or representation not <br />contained herein. <br /> <br />Entire Aqreement. This Agreement constitutes the entire <br />agreement between the part~es and supersedes all prior <br /> <br />6 <br /> <br /> <br />