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together with any other statutory or common law remedies available to the City, including <br />applicable penal and civil enforcement provisions of the Land Development Code or successor <br />provisions, or other ordinances governing signs. Any failure by the City to enforce this <br />Agreement with respect to one or more defaults by Developer will not waive the City's ability to <br />enforce the Agreement after that time. <br />PART 5. MISCELLANEOUS <br />Section 5.01. No Joint Venture. It is understood and agreed between the parties that <br />the City and Developer, in executing this Agreement, and in performing their respective <br />obligations, are acting independently, and not in any form of partnership or joint venture. THE <br />CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD <br />PARTIES IN CONNECTION WITH THIS AGREEMENT, AND DEVELOPER AGREES <br />TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. <br />Section 5.02. Notices. All notices required by this Agreement will be delivered to the <br />following by certified mail or confirmed facsimile transmission: <br />Chuck Nash <br />Chuck Nash Auto Group <br />1035 SH 123 <br />San Marcos, TX 78666 <br />Facsimile: (512) 396 -7900 <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Fax: (512) 396 -4656 <br />Each party will notify the other party in writing of any change in information required for notice <br />under this paragraph. <br />Section 5.03. Applicable Law and Venue. This Agreement will be construed under the <br />laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory <br />venue for any action under this Agreement will be in the state court of appropriate jurisdiction <br />6 <br />