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AG 2003 01 27
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AG 2003 01 27
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Last modified
3/3/2006 9:37:17 AM
Creation date
11/27/2017 11:40:06 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/27/2003
Board
Board of Commissioners
Meeting Type
Regular
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4.15 <br /> <br />5.1 <br /> <br />is due by. reason of the terms of or effects arising from this <br />Agreement. Developer agrees to pay all costs for the defense of <br />Cabarrus County and its officers, agents, employees, consultants, <br />special counsel and representabves regarding any action for <br />damages, just compensabon, restitution, judicial or equitable relief <br />caused or alleged to have been caused by reason of Developer's <br />actions in connection with the Project or any claims arising out of <br />this Agreement. Th~s 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, supplied or approved this Agreement, <br />plans or specifications, or both, for the Project. The Developer <br />further agrees to indemnify,, hold harmless, and Day all costs for <br />the defense of the County, including fees and costs for special <br />counsel to be selected by Cabarrus County, regarding any action by <br />a third party challenging the validity of this Agreement or asserting <br />that damages, just compensation, restltubon, judicial or equitable <br />relief is due to personal or property rights by reason of the terms <br />of, or effects arising from this Agreement. Cabarrus County may <br />make all reasonable deos~ons w~th respect to ~ts representation in <br />any legal proceeding. <br /> <br />Relationship of Parties. The contractual relationship between <br />Cabarrus County and Developer arising out of this Agreement is <br />one of ~ndependent contractor and not agency. This Agreement <br />does not create any third party benefioary r,ghts. It is speofically <br />understood by the parties that: (a) the Project is a private <br />development; (b) County has no interest ~n or responslblhbes for or <br />duty to third parties concerning any ~mprovements to the Property <br />unless the County accepts the improvements pursuant to the <br />provisions of th~s Agreement or in connection w~th subd~wsion map <br />approval; and (c) Developer shall have the full power and exclusive <br />control of the Property subject to the obligations of the Developer <br />set forth ~n this Agreement. <br /> <br />Default. <br /> <br />5.1.1 <br /> <br />Events of Default. Developer is iq default under this <br />Agreement upon the happening of one or more of the <br />following events or conditions: <br /> <br /> <br />
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