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5.1.3 <br /> <br />5.1.4 <br /> <br />(3) Non-performance shall not be excused because of a <br /> failure of a third person. <br /> <br />(4) <br /> <br />An express repudiation, refusal or renunciation of the <br />contract, if the same is in writing and signed by the <br />Developer, shall be sufficient to terminate this <br />Agreement and a hearing on the .matter shall not be <br />required. <br /> <br />(5) <br /> <br />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) <br /> <br />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 />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 />Institution of Leqal Action. In 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 actio.ns <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 />10 <br /> <br /> <br />