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4.15 <br /> <br />5.1 <br /> <br />behalf which relates to the project~ and (2) from any claim that <br />damages, just compensation, restitution, judicial or equitable 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 asserting <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. <br /> <br />Relationship 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. This 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. <br /> <br />Default. <br /> <br />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 />8 <br /> <br /> <br />