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Agreement and a hearing on the matter shall not be <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) All other remedies at law or in equity which are not <br /> consistent with the provisions of this Agreement or are <br /> available to the parties to pursue in the event there is a <br /> breach. <br /> <br />5.1.3 Damages Upon Termination. :In no event shall Developer be <br /> entitled to any damages against Cabarrus County upon <br /> termination of this Agreement. <br /> <br />5.1.4 ]~nstitution of Legal Action. ]:n addition to any other rights or <br /> remedies, either party may institute legal action to cure, <br /> correct, or remedy any default or breach, to specifically <br /> enforce any covenants or agreements set forth in the <br /> Agreement or to enjoin any threatened or attempted <br /> violation of the Agreement; or to obtain any remedies <br /> consistent with the purpose of the Agreement. Legal actions <br /> shall be instituted in the Superior Court of the County of <br /> Cabarrus, State of N.C., or in the Federal District Court in <br /> the Middle District. <br /> <br />5.1.5 Obligations of Developer. Notwithstanding any other <br /> provisions of this Consent Agreement to the contrary, the <br /> Developer shall not be obligated to comply with the <br /> provisions of Paragraph:[. The project, subparagraph 1.5 <br /> Specific Conditions of this Consent Agreement, unless the <br /> Developer or its assigns has (1) acquired the property, which <br /> is the subject of this Consent Agreement, and (2) has <br /> actually begun the on-site construction of the project. <br /> <br /> <br />