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40 <br />C] <br />but not limited to engineering, construction, legal and contingent costs, including <br />reasonable attorney's fees incurred by the County, together with any damages, either <br />direct or consequential, which the County may sustain as a result of the failure of <br />Developer to carry out and execute all provisions of this contract and applicable <br />ordinances of the County. In no event, however, shall the liability of the guarantor or <br />surety under this paragraph exceed the total amount of the original obligation stated in <br />the guaranty or surety instrument, less any approved reductions thereto. <br />7. The parties agree that the County at its option shall have the right, but not the <br />obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be <br />constructed and installed the required improvements in the event Developer shall fail or <br />refuse to do so in accordance with the terms of this contract. Developer expressly agrees <br />that the County may demand and draw upon the existing guaranty or surety for the final <br />total cost of the improvements. Developer shall remain wholly liable for any resulting <br />deficiency, should the guaranty or surety be exhausted prior to completion of the required <br />improvements. In no event shall the County be obligated to expend public funds, or any <br />funds other than those provided by the Developer, the guarantor, or surety, to construct <br />the required improvements. <br />8. Any guaranty or surety provided to the County by Developer with respect to this <br />contract shall exist solely for the use and benefit of the County and shall not be construed <br />or intended in any way, expressly or impliedly, to benefit or secure payment to any <br />subcontractor, laborer, materialman or other party providing labor, material, supplies, or <br />services for construction of the required improvements, or to benefit any lot <br />purchaser(s), unless the County shall agree otherwise in writing. <br />9, This agreement is the full and complete understanding of the parties and <br />shall not be construed or amplified by reference to any other agreement, discussion, or <br />understanding, whether written or oral, except as specifically mentioned herein. This <br />agreement shall not be assigned without the express written approval of the County. <br />Any amendment, deletion, modification, extension, or revision hereof or hereto shall be <br />in writing, executed by authorized representatives of both parties. <br />iN WITNESS WHEREOF, the parties hereto have set their hands and <br />seals on the day and year first above written. <br />BEAZER HOMES CORP. <br />a cororation of the State ennessee <br />Witness s, By, <br />>r printed nam : �w <br />sign: title: <br />printed name:'" At (President, Vice President or CEO) <br />sign: F/-& �- (seal) <br />printed name: CIA 0PY + t <br />