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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, liabihbes, costs, expenses of whatever nature, whether <br />known or unknown, and whether I~qu~dated or contingent, arising <br />on or before the date of th~s Agreement in connection w~th the <br />application, processing or approval of the Ern~e ][rvln/Hartsell <br />Estates Project. <br /> <br />State and Federal Law. The parties agree, intend and understand <br />that the obligations ~mposed by th~s Agreement are only such as <br />are consistent w~th state and federal law. The part~es further agree <br />that if any prows~on of this Agreement becomes, in its <br />performance, incons~stent w~th state or federal law or ~s declared <br />invahd, this 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 right to enforce ~ts rules, pohc~es, <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. In the event that Developer or any user on the subject <br />property wolates the rules, policies, regulations or ordinances of <br />Cabarrus County or violates the terms of th~s Agreement, Cabarrus <br />County may, without seeking an injunction and alter ten (10) days' <br />not~ce to correct the wolabon, 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 liability <br />arising out of the exercise of its rights under th~s 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~fi/or alter th~s Agreement or waive any of ~ts conditions as to <br />bind Cabarrus County by making apy promise or representation not <br />contained here~n. <br /> <br />Entire Agreement. Th~s Agreement constitutes the entire <br />agreement between the part~es and supersedes all prior <br /> <br />6 <br /> <br /> <br />