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4.5
<br />
<br />4.6
<br />
<br />4.7
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<br />l~lutual Releases. At the time of, and subject to, (i) the expiration
<br />of any applicable appeal period with respect to the approval of this
<br />Agreement without an appeal having been filed or (ii) the final
<br />determination of any court upholding this Agreement, whichever
<br />occurs later, and excepting the parties' respective rights and
<br />obligations under this Agreement, Developer, on-behalf of itself and
<br />Developer's partners officers, directors, employees,., agents,
<br />attorneys and consultants, hereby release Cabarrus County and
<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 Highland Creek Project.
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<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.
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