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4,15 <br /> <br />5.1 <br /> <br />~s due by. reason of the terms of or effects arising from th~s <br />Agreement. Developer agrees to pay all costs for the defense of <br />Cabarrus County and ~ts officers, agents, employees, consultants, <br />special counsel and representatives regarding any action for <br />damages, just compensation, restitution, judicial or equitable rehef <br />caused or alleged to have been caused by reason of Developer's <br />achons ~n connection with the Project or any claims arising out of <br />th~s Agreement. This hold harmless Agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable <br />relief suffered or alleged to have been suffered by reason of the <br />events referred to ~n this paragraph or due by reason of the terms <br />of, or effects, arising from this Agreement regardless of whether or <br />not the County prepared, supphed or approved this Agreement, <br />plans or specifications, or both, for the Project. The Developer <br />further agrees to indemnify, hold harmless, and pay all costs for <br />the defense of the County, ~ncluding fees and costs for special <br />counsel to be selected by Cabarrus County, regarding any action by <br />a third party challenging the vahd~ty of this Agreement or asserting <br />that damages, just compensation, restitution, judicial or equitable <br />relief ~s due to personal or property rights by reason of the terms <br />of, or effects arising from th~s Agreement. Cabarrus County may <br />make all reasonable decisions w~th respect to its representation ~n <br />any legal proceeding. <br /> <br />Relationship of Part~es. The contractual relationship between <br />Cabarrus County and Developer arising out of th~s Agreement ~s <br />one of ~ndependent contractor and not agency. Th~s Agreement <br />does not create any third party beneficiary rights. It ~s specifically <br />understood by the part~es that: (a) the Project is a private <br />development; (b) County has no ~nterest ~n or respons~bd~t~es for or <br />duty to third part~es concerning any improvements to the Property <br />unless the County accepts the ~mprovements pursuant to the <br />prowsions of th~s Agreement or in connection w~th subdiws~on map <br />approval; and (c) Developer shall have the full power and exclusive <br />control of the Property subject to the obhgat~ons of the Developer <br />set forth ~n th~s Agreement. <br /> <br />Default, <br /> <br />5.1,1 <br /> <br />Events of Default. Developer. is ~n default under th~s <br />Agreement upon the happening of one or more of the <br />following events or conditions: <br /> <br />/:-5 <br /> <br /> <br />