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4.6 <br /> <br />4.7 <br /> <br />4.8 <br /> <br />Cabarrus County board members, officials, employees, agents, <br />attorneys and consultant, and Cabarrus County, on behalf of itself <br />and the Cabarrus County board members, officials, employees, <br />agents, attorneys and consultants, hereby releases Developer and <br />Developer's partners, officers, directors, employees, agents, <br />attorneys and consultants, from and against any and all claims, <br />demands, liabilities, costs, expenses of whatever nature, whether <br />known or unknown, and whether liquidated or contingent, arising <br />on or before the date of this Agreement in connection with the <br />application, processing or approval of the Central Park Project. <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 agree <br />that if any provision of this Agreement becomes, in its <br />performance, inconsistent with state or federal law or is declared <br />invalid, this Agreement shall be deemed amended to the extent <br />'necessary to make it consistent with state or federal law, as the <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 />Cabarrus County has the right to enforce its rules, policies, <br />regulations, ordinances, and the terms of this Agreement by <br />seeking an injunction to compel compliance with the terms of this <br />Agreement. :In the event that Developer or any user on the subject <br />property violates the rules, policies, regulations or ordinances of <br />Cabarrus County or Violates the terms of this Agreement, Cabarrus <br />County may, without seeking an injunction and after ten (10) days' <br />notice to correct the violation, take such actions as shall be deemed <br />appropriate 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 />No Waiver. Failure of a party hereto to exercise any right <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 time <br />said right or any other right it may have hereunder. No officer, <br />official or agent of Cabarrus 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 />6 <br /> <br /> <br />