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4.9 <br /> <br />4.10 <br /> <br />4.11 <br /> <br />4.12 <br /> <br />4.13 <br /> <br />4.14 <br /> <br />bind Cabarrus County by making any promise or representation not <br />contained herein. <br /> <br />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. <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, arbitration, <br />declaratory relief or other litigation, including appeals or <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 />Cabarrus County, P.O. Box 707, Concord, North Carolina 28026- <br />0707 <br />Developer: Hinshaw-Pearson Co., 425-A South Sharon Amity Road, <br />Charlotte, North Carolina 28211 <br /> <br />Applicable 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. <br /> <br />Execution of Aqreement. 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. <br /> <br />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 /> <br /> 7 <br /> <br /> <br />