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4. RELEASE OF EASEMENTS. Within 30 days after the County has received the <br />full amount of $30,000.00, County shall execute and record in the public records <br />a release of the drainage easement and of the temporary construction easement <br />potentially granted in the Agreement. <br />5. DEFAULT. <br />A. If Grace Baptist fails to perform its obligations under the terms of this <br />Agreement after 60 days written notice, County shall have the right to <br />record a lien upon the Grace Baptist Property for the unpaid balance. <br />B. If the County fails to perform its obligations under the terms of this <br />Agreement after 60 days written notice, Grace Baptist shall be entitled to <br />specific performance. <br />C. In any litigation or appeal arising from or out of this Agreement, the <br />prevailing party shall be entitled to recover attorney's fees and costs from <br />the non -prevailing party. <br />6. FORBEARANCE. As long as Grace Baptist is in compliance with its obligations <br />under the terms of this Agreement: <br />1. The County, its departments, and its staff shall not withhold or delay <br />issuance of any building, development, or permit approval due to the <br />existence of the Agreement or the easements created therein; and <br />2. The County shall not seek to enforce its rights to utilize the easements <br />potentially created in the Agreement, or to prevent Grace Baptist from <br />constructing improvements on the Grace Baptist Property which might <br />otherwise conflict with the easements potentially granted in the Agreement <br />(the parties recognizing that the "drainage easement": mentioned in the <br />Agreement is not specifically described as to location, size, or capacity). <br />7. RELEASE. Except as provided herein, the County and Grace Baptist are hereby <br />released, and do hereby release each other, from all further obligations under the <br />Agreement. <br />8. CONFLICTING PROVISIONS. If any provisions of this Addendum conflict with <br />the Agreement, the provisions of this Addendum shall govern. <br />9. BINDING EFFECT. This Addendum shall be binding upon, and shall inure to the <br />benefit of, the parties hereto and their respective legal representatives, <br />successors and assigns. Should any part, term, sentence, clause or provision of <br />this Addendum be declared invalid, illegal or unenforceable, such invalidity shall <br />not affect the remainder of this Addendum. <br />2 <br />