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4,12
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<br />4,13
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<br />Aoollcable Law. This Agreement is entered Into under and
<br />pursuant to, and is to be construed and enforceable in accordance
<br />with, the laws of the State of N.C.
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<br />Execution of Aoreement. This Agreement may be executed in
<br />multiple parts as originals or by facsimile copies of executed
<br />originals; provided, however, if executed and evidence of execution
<br />is made by facsimile copy, then an original shall be provided to the
<br />other party within seven (7) days of receipt of said facsimile copy.
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<br />4.14 Hold Harmless. Developer agrees to and shall hold Cabarrus
<br /> County, its, officers, agents, employees, consultants, special
<br /> counsel and representatives harmless from liability: (1) for
<br /> damages, just compensation, restitution judicial or equitable relief
<br /> arising out of claims for personal injury, including health, and
<br /> claims for property damage which may arise from the direct or
<br /> indirect operations of the Developer or their contractors,
<br /> subcontractors, agents, employees or other persons acting on their
<br /> behalf which relates to the project; and (2) from any claim that
<br /> damages, just compensation, restitution, Judicial or equltable relief
<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 representatives regarding any action for
<br /> damages, just compensation, 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. This 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 in 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 pay 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 asserbng
<br /> that damages, just compensation, restitution, 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 decisions with respect to its representation in
<br /> any legal proceeding.
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<br />4.15 Relationshio of Parties. The contractual relationship between
<br /> Cabarrus County and Developer arising out of this Agreement is
<br /> one of independent contractor and not agency. Ths Agreement
<br /> does not create any third party beneficiary rights. It is specifically
<br /> understood by the parties that: (a) the Project is a private
<br /> development; (b) County has no Interest in or responsibilities for or
<br /> duty to third parties concerning any improvements to the Property
<br /> unless the County accepts the improvements pursuant to the
<br /> provisions of this Agreement or In connection with subdivision 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 In this Agreement.
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<br />5.1 Default. : ',. '~
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