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4.10 <br /> <br />4.11 <br /> <br />4.12 <br /> <br />4.13 <br /> <br />4.14 <br /> <br />agreement, s, whether oral or written, covering the same subject <br />matter. Th~s Agreement may not be modified or amended except <br />in writing mutually agreed to and accepted by both parties to this <br />Agreement. <br /> <br />Attorneys Fees. Should any party hereto employ an attorney for <br />the purpose of enforong this Agreement, or any judgment based <br />on this Agreement, for any reason or in any legal proceeding <br />whatsoever, including insolvency, bankruptcy, arbitration, <br />declaratory rebel or other litiga0on, including appeals or <br />reheanngs, and whether or not an acbon has actually commenced, <br />the prevailing party shall be entitled to receive from the other party <br />thereto reimbursement for all attorneys' fees and all costs and <br />expenses. Should any judgment or final order be ~ssued ~n that <br />proceed;ng, said reimbursement shall be speofied thereto. <br /> <br />N0bces. All notices hereunder shall be gtven in wribng by cerbfied <br />mail, postage prepaid, at the following addresses: <br /> <br />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026- <br />0707 <br />Developer: Dockside Development, 17824 Statesville Road, Suite <br />122, Cornelius, North Carolina 28031 <br /> <br />Apohcable Law. Th~s Agreement is entered into under and <br />pursuant to, and is to be construed and enforceable in accordance <br />with, the laws of the State of N.C. <br /> <br />Execution of Aoreement. This Agreement may be executed in <br />multiple parts as originals or by facsimile copies of executed <br />originals; provided, however, if executed and ewdence of execution <br />is made by facsimile copy, then an original shall be provided to the <br />other party within seven (7) days of receipt of said facsimile copy. <br /> <br />Hold Harmless. Developer agrees to and shall hold Cabarrus <br />County, its, officers, agents, employees, consultants, special <br />counsel and representatives harmless from liability: (1) for <br />damages, just compensation, restitution judicial or equitable rebef <br />arising out of claims for personal injury, including health, and <br />claims for property damage which may arise from the direct or <br />indirect operations of the Developer or their contractors, <br />subcontractors, agents, employees or other persons acting on their <br />behalf which relates to the project; and (2) from any claim that <br />damages, just compensation, resOtution, judicial or equitable relief <br /> <br />7 <br /> <br /> <br />