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4.10
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<br /> obligations under this Agreement, Developer, on behalf of itself and
<br /> Developer's partners officers, directors, employees, agents,
<br /> attorneys and consultants, hereby release Cabarrus County and
<br /> Cabarrus County board members, officials, employees, agents,
<br /> attorneys and consultant, and Cabarrus County, on behalf of itself
<br /> and the Cabarrus County board members, officials, employees,
<br /> agents, attorneys and consultants, hereby releases Developer and
<br /> Developer's partners, officers, directors, employees, agents,
<br /> attorneys and consultants, from and against any and all claims,
<br /> demands, liabilities, costs, expenses of whatever nature, whether
<br /> known or unknown, and whether liquidated or contingent, arising
<br /> on or before the date of this Agreement in connection with the
<br /> application, processing or approval of the Hammermill Project.
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<br />4.6 State and Federal Law. The parties agree, intend and understand
<br /> that the obligations imposed by this Agreement are only such as
<br /> are consistent with state and federal law. The parties further agree
<br /> that if any provision of this Agreement becomes, in its
<br /> performance, inconsistent with state or federal law or is declared
<br /> invalid, this Agreement shall be deemed amended to the extent
<br /> necessary to make it consistent with state or federal law, as the
<br /> case may be, and the balance of the Agreement shall remain in full
<br /> force and effect.
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<br />4.7 Enforcement. The parties to th~s Agreement recognize that
<br /> Cabarrus County has the right to enforce its rules, policies,
<br /> regulations, ordinances, and the terms of this Agreement by
<br /> seeking an injunction to compel compliance with the terms of this
<br /> Agreement. In the event that Developer or any user on the subject
<br /> property violates the rules, policies, regulations or ordinances of
<br /> Cabarrus County or violates the terms of this Agreement, Cabarrus
<br /> County may, without seeking an injunction and after ten (10) days'
<br /> notice to correct the violation, 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 this paragraph.
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<br /> 4.8 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 /> modify or alter this Agreement or waive any of its conditions as to
<br /> bind Cabarrus County by making any promise or representation not
<br /> contained herein.
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<br /> 4.9 Entire Agreement. This Agreement constitutes the entire
<br /> agreement between the parties and supersedes all prior
<br /> agreements, whether oral or written, covering the same subject
<br /> matter. This Agreement may not be modified or amended except
<br /> in writing mutually agreed to and accepted by both parties to this
<br /> Agreement.
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<br /> Attorneys Fees. Should any party hereto employ an attorney for
<br /> the purpose of enforcing 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 relief or other litigation, including appeals or
<br /> rehearings, and whether or not an action has actually commenced,
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