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20 <br /> <br />CONSIDERATION FOR RECEIVING AFFORDABLE HOUSING LAND BANKING <br />PROGRAM FUNDS FOR THE PROPERTY HEREBY AGREES AND CONSENTS <br />THAT ORANGE COUNTY SHALL BE ENTITLED, FOR ANY BREACH OF THE <br />PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER REMEDIES <br />PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC PERFORMANCE <br />OWNER’S OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF <br />COMPETENT JURISDICTION, WITH VENUE IN ORANGE COUNTY. Owner hereby <br />further specifically acknowledges that the beneficiaries of Owner's obligations hereunder <br />cannot be adequately compensated by monetary damages in the event of any default <br />hereunder. <br /> <br />e. This Declaration may be enforced by Orange County or its designee in the event Owner <br />fails to satisfy any of the requirements of this Declaration by proceedings at law or in equity <br />against any person or persons violating or attempting to violate any covenant. If legal costs <br />are incurred by Orange County, such legal costs, including attorney fees and court costs <br />(including costs of appeal), are the responsibility of, and may be recovered from the Owner. <br /> <br />SECTION 6 MISCELLANEOUS <br /> <br />a. Severability. The invalidity of any clause, part, or provision of this Declaration shall not <br />affect the validity of the remaining portions thereof. <br /> <br />b. Notices. Any Notice shall be in writing and shall be given by depositing the same in the <br />United States mail, post-paid and registered or certified, and addressed to the party to be <br />notified, with return-receipt requested, or by delivering the same in person to an officer or <br />principal of such party. Notice deposited in the mail in the manner hereinabove described <br />shall be effective upon mailing. For purposes of Notice, the addresses of the parties shall, <br />unless changed as hereinafter provided, be as follows: <br /> <br /> i. To Orange County: Orange County <br /> c/o Housing and Community <br /> Development Department <br /> P.O. Box 8181 <br /> Hillsborough, NC 27278 <br /> ATTN: Director <br /> <br /> ii. To EmPOWERment, Inc.: EmPOWERment, Inc. <br />109 N. Graham Street <br />Chapel Hill, NC 27516 <br /> <br />c. Governing Law. This Declaration shall be governed by the laws of the State of North <br />Carolina and, where applicable, the laws of the United States of America. <br /> <br />IN WITNESS WHEREOF, the Owner has caused this Declaration to be signed by its duly <br />authorized representative, on the day and year first above written. <br />DocuSign Envelope ID: FDEBA80C-B05F-4BF1-B91C-624A1EA2F697