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Agenda - 08-27-2012 - C2
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Agenda - 08-27-2012 - C2
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12/9/2015 2:43:52 PM
Creation date
8/21/2012 4:21:18 PM
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BOCC
Date
8/27/2012
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C2
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Minutes 08-27-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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13.8. Enforcement of Agreement. Each Party acknowledges and agrees that the other <br /> Party would be irreparably damaged if any of the provisions of this Agreement are not <br /> performed in accordance with their specific terms and that any breach of this Agreement by <br /> a Party could not be adequately compensated in all cases by monetary damages alone. <br /> Accordingly, in addition to any other right or remedy to which a Party may be entitled, at law <br /> or in equity, it shall be entitled to enforce any provision of this Agreement by a decree of <br /> specific performance and to temporary, preliminary and permanent injunctive relief to <br /> prevent any breach or threatened breach of any of the provisions of this Agreement, without <br /> posting any bond or other undertaking. <br /> 13.9. Waiver. No waivers of, or exceptions to, any term, condition or provision of this <br /> Agreement, in any instance or instances, shall be deemed to be, or construed as, a further or <br /> continuing waiver of any such term, condition or provision. <br /> 13.10. Entire Agreement. This writing embodies the entire agreement and <br /> understanding between the parties hereto and there are no other agreements or <br /> understandings, oral or written, with reference to the subject matter hereof that are not <br /> merged herein and superseded hereby. <br /> 13.11. Modifications in Writing. This Agreement shall not be modified, amended or <br /> changed in any respect except in writing, duly signed by the parties hereto, and each party <br /> hereby waives any right to amend this Agreement in any other way. By mutual written <br /> agreement additional lots may be added to this Agreement. <br /> 13.12. Consent to Jurisdiction. The Parties agree that the state and federal courts of <br /> North Carolina shall have exclusive jurisdiction over this Agreement and any controversies <br /> arising out of, relating to, or referring to this Agreement, the formation of this Agreement, <br /> and actions undertaken by the Parties hereto as a result of this Agreement, whether such <br /> controversies sound in tort law, contract law or otherwise. Each of the Parties hereto <br /> expressly and irrevocably consents to the personal jurisdiction of such state and federal <br /> courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or <br /> venue defenses otherwise available. <br /> 13.13. Governing Law. This Agreement shall be governed by the internal substantive <br /> laws of the State of North Carolina, without regard to such state's conflict of law or choice of <br /> law rules. <br /> 13.14. Notices. All notices and other communications required or permitted hereunder <br /> shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by registered or <br /> 13 <br /> Dunhill Water Utility System <br /> Dunhill Agreement 061212.doc <br />
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