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AG 2003 09 15
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AG 2003 09 15
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Last modified
3/3/2006 9:38:06 AM
Creation date
11/27/2017 11:41:51 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/15/2003
Board
Board of Commissioners
Meeting Type
Regular
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4.6 <br /> <br />4.7 <br /> <br />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 egre~ <br />that if any provision of this Agreement becomes, in <br />performance, Inconsistent with state or federal law or is dedarec~ <br />invalid, this Agreement shall be deemed amended to the extent <br />necessary to make it consistent with state or federal law, as th~ <br />case may be, and the balance of the Agreement shall remain in full <br />force and effect. <br /> <br />Enforcement. The parties to this Agreement recognize that <br />caberrus County has the right to enforce its rules, pelicies; <br />regulations, ordlnances~ and the terms of this Agreement b~ <br />seeking an injunction to compel compliance with the terms of thi{ <br />Agreement. In the event that Developer or any user on the subjec~ <br />property vto ares the ru es, po c es, regu ations or ordnances of <br />Cabarrus County or violates the terms of this Agreement, cabarru{ <br />County may, without seeking an injunction and afl;er ten (10) days! <br />notice to correct the violation, take such actions as shall be deemed <br />appropflate 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. <br /> <br />4.8 No Waiver. Failure of a party hereto to exercise any righi <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 tim~ <br /> said right or any other right it ,may have hereunder. No officer~ <br /> official or agent of caberrus 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. <br /> <br />4.9 Entire Aoreement. This Agreement constitutes the entir~ <br /> agreement between the parties and supersedes all prio~ <br /> agreements, whether oral or written, covedng the same subje~ <br /> matter. This Agreement may not be modified or amended except~ <br /> in writing mutually agreed to and accepted by both parties to thi~ <br /> Agreement. <br /> <br />4.10 <br /> <br />4.11 <br /> <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, a~bitration1 <br />declaratory relief or other litigation, including appeals o~ <br />rehearings, and whether or not an action 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 issued in that <br />proceeding, said reimbursement shall be specified therein. <br /> <br />Notices. All notices hereunder shall be given in writing by certified <br />mail, postage prepaid, at the following addresses: <br /> ! <br /> <br />Cabarros County, P.O. Box 707, Concord, North Carolina 28026t <br />0707 <br />Developer: Shee Homes, LLC, 7401 Carmel Executive Park, Sult~ <br />106, CHarlotte, NC 28226 <br /> <br /> <br />
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