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9. Cabarrus County agrees to indemnify and hold hm-~nless Escrow Agent against <br /> <br />any and all losses, claims, damages, liabilities and expenses, including attorneys' fees, which <br />may be incurred by Escrow Agent in connection with its services as Escrow Agent hereunder, <br />unless such losses, claims, damages, liabilities or expenses are the result of Escrow Agent's <br />willful default or gross negligence in performing those services. Interest earned on the Escrow <br />Account shall be reported to the account of Cabarrus County. <br /> <br /> 10. In the event of any dispute between any of the parties, sufficient in Escrow <br />Agent's discretion to justify doing so, Escrow Agent may tender unto Cabarrus County Superior <br />Court all money or property held pursuant to this Agreement, together with such legal pleadings <br />as it deems appropriate, and thereupon be discharged hereunder. <br /> <br /> 11. By their execution of this Agreement, Highland Creek and Cabarrus County do <br />hereby mutually release each other of and from any claims, demands, actions and causes of <br />action either party now has or may have by reason of or on account of or in any way connected <br />with Cabarrus County's enforcement of its adequate public facilities provisions with regard to <br />Highland Creek's petition referred to hereinabove. Notwithstanding the foregoing, in the event <br />of a default or breach by either party of the covenants, promises or agreements set forth in this <br />Escrow Agreement, the foregoing mutual release shall be null and vo~.d with respect to claims by <br />the non-defaulting party against the party in default. <br /> <br /> 12. Cabarrus County and Highland Creek agree that each party has negotiated <br />in good faith to reach accord on this Escrow Agreement, and as such, it is a legally binding <br />contract between the parties, enforceable by its terms. Highland Creek and Cabarrus County <br />agree that to the maximum extent permitted by law, this Escrow Agreement shall not be affected, <br />modified, or annulled by any subsequent change in local, state or federal law. All of the <br /> <br />- <br /> <br /> <br />