Laserfiche WebLink
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) 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 whe~ <br /> it was made; <br /> <br />(2) 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) Any other event, condition, act or omission whicl~ <br /> materially Interferes with the intent and objectives of <br /> this Agreement. <br /> <br />5.1.2 Procedure uoon Default. <br /> <br />(1) <br /> <br />Upon the occurrence of default, County shall give <br />Developer (the "defaulting party") 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. After proper <br />notice and expiration of said thirty (30) day cure perio(~ <br />without cure, Cabarrus, County may terminate or amend <br />this Agreement in accordance with 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) Cabarrus County does not waive any claim of defect in <br /> performance by Developer, if on periodic review <br /> Cabarrus County does not propose to modify o~ <br /> terminate this Agreement. I <br /> <br />(3) Non-performance shall not be excused because of ~ <br /> failure of a third person. <br /> <br />(4) 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 <br /> required. <br /> <br />(5) 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 arq <br />available to the pa~es to pursue in the event there is <br />breach. <br /> <br /> <br />