My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2003 07 21
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2003
>
AG 2003 07 21
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/3/2006 9:37:57 AM
Creation date
11/27/2017 11:41:27 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/21/2003
Board
Board of Commissioners
Meeting Type
Regular
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
178
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
5.1.1 Events of Default. Developer is in default under this <br /> Agreement upon the happening of one or more of the <br /> following events or conditions: <br /> <br />(1) <br /> <br />If a warranty, representation or statement made or <br />furnished by Developer to Cabarrus County is false or <br />proves to have been false in any material respect when <br />it was made; <br /> <br />(2) <br /> <br />A finding and determination made by Cabarrus County <br />following a periodic review that upon the basis of <br />substantial evidence the Developer has not complied in <br />good faith with one or more of the terms or conditions <br />of this Agreement. <br /> <br />(3) <br /> <br />Any other event, condition, act or omission which <br />materially interferes with the intent and objectives of <br />this Agreement. <br /> <br />5.1.2 Pr0cedvre upon Default. <br /> <br />(1) <br /> <br />Upon the occurrence of default, County shall give <br />Developer (the "defaulting party'3 thirty (30) days <br />written notice specifying the nature of the alleged <br />default and, when appropriate, the manner in which <br />said default may be satisfactorily cured. Alter proper <br />notice and expiration of said thirty (30) day cure period <br />without cure, Cabarrus County may terminate or amend <br />this Agreement in accordance w~th the procedure <br />adopted by Cabarrus County. Failure or delay in giving <br />notice of default shall not constitute a waiver of any <br />default, nor shall it change the time of default. <br /> <br />(2) <br /> <br />Cabarrus County does not waive any claim of defect in <br />performance by Developer, if on pedodic review <br />Cabarrus County does not propose to modify or <br />terminate this Agreement. <br /> <br />(3) Non-performance shall not be excused because of a <br /> failure of a third person. <br /> <br />(4) <br /> <br />An express repudiation, refusal or renunciation of the <br />contract, if the same is in writing and signed by the <br />Developer, shall be sufficient to terminate this <br />Agreement and a hearing on the matter shall not be <br />required. <br /> <br />(s) <br /> <br />Adoption of a law or other governmental activity making <br />performance by the applicant unprofitable or more <br />difficult or more expensive does not excuse the <br />performance of the obligation by the Developer. <br /> <br />(6) <br /> <br />All other remedies at law or in equity which are not <br />consistent with the provisions of this Agreement or are <br />available to the parties to pursue in the event there is a <br />breach. <br /> <br />7 <br /> <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.