Orange County NC Website
10 <br /> ARTICLE V <br /> DMSCELL.A_NEOI S <br /> 5.01. Remedies on Default. . (a) Upon the occurrence and continuation of <br /> any Event of Default, the non-defaulting party may (i) incur and pay such reasonable <br /> expenses for the defaulting party's account as may be necessary to cure the cause of any <br /> default, (ii) avail itself of all remedies available under this Support Agreement, and (iii) <br /> proceed to protect and.enforce its rights under this Support Agreement by all means <br /> available a law or in equity, including by an action for the specific performance of any <br /> covenant, agreement or other provision of this Support Agreement as may be most <br /> effectual to protect and enforce such rights. <br /> (b) All remedies under this Support Agreement are cumulative and may be <br /> exercised concurrently or separately. The exercise of any one remedy shall not be deemed <br /> an election of such remedy or preclude the exercise of any other remedy. If any Event of <br /> Default shall occur and thereafter be waived, such waiver shall be limited to the <br /> particular breach so waived and shall not be deemed a waiver of any other breach under <br /> this Support Agreement. <br /> 5.02, bd=nificata To the extent permitted by law, the Company shall <br /> indemnify, protect and save the :County and its officers harmless from all liability, <br /> obligations, losses; claims,' damages, actions, suits, proceedings, costs and expenses, <br /> including attorneys' fees. and costs of investigation and discovery, arising out of, <br /> connected with, or resulting directly or indirectly from the transactions contemplated by <br /> this Support Agreement, the Loan Agreement or otherwise with respect to the Loan <br /> Program. The indemnification arising under this Section shall survive this Support <br /> Agreement's termination. <br /> 5.03. Rights of Third Rmlies. The Banks are the only intended third-party <br /> beneficiaries of this Support Agreement. <br /> 5.04. Limitation of Liabilfty Officials. No covenant, condition or agreement <br /> contained in this Support Agreement shall be deemed to be a covenant, agreement or <br /> obligation of a present or future officer, employee or agent of the Company or the County <br /> in such person's individual capacity. No Company or County officer, employee or agent <br /> shall incur any personal liability with respect to any action taken pursuant to this Support <br /> Agreement,provided such person acts in good faith. <br /> 5.05. Severability. The provisions of this Support Agreement are hereby <br /> declared to be severable. If any court of competent jurisdiction shall hold any provision <br /> of this Support Agreement to be invalid and unenforceable, such holding shall not <br /> invalidate any other provision. <br /> 5 <br />