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i <br /> the commencement of the cure within the thirty (30) day period and the <br /> diligent prosecution of the cure to completion will be deemed a cure within <br /> the cure period. The City may issue Stop Work Orders for violations arising <br /> under this Agreement or the City of San Marcos Code of Ordinances, as <br /> applicable. <br /> B. If either Party defaults under this Agreement and fails to cure the default <br /> within the applicable cure period, the non-defaulting Party will have all rights <br /> and remedies available under this Agreement or applicable law, including <br /> the right to institute legal action to cure any default, to enjoin any threatened <br /> or attempted violation of this Agreement or to enforce the defaulting Party's <br /> obligations under this Agreement by specific performance or <br /> writ of mandamus, or to terminate this Agreement or other enforcement <br /> remedies the City may possess under its municipal regulatory authority. <br /> C. Notwithstanding anything herein to the contrary, no party shall be deemed <br /> n <br /> to be in default hereunder <br /> passage ( )assa a until the of ten 10 business days after <br /> receipt by such party of notice of default from the other party. Upon the <br /> passage of ten (10) working days without cure of the default, such party <br /> shall be deemed to have defaulted for purposes of this Agreement. <br /> 6.03 Authority, Applicable Rules and Right to Continue Development <br /> is <br /> A. This Agreement is entered under the statutory authority of Sections 42.042, <br /> 43.0672 and 212.172 of the Texas Local Government Code and pursuant <br /> to Chapter 2, Article 4, Division 3 of the SMDC. The Parties intend that this <br /> Agreement authorize certain land uses and development on the Land; <br /> provide for the uniform review and approval of plats and development plans <br /> for the Land; provide exceptions to certain ordinances; and provide other <br /> terms and consideration, including the continuation of land uses and zoning <br /> upon annexation of any portion of the Land to the City. <br /> B. Execution of this agreement, under Section 212.172 of the Texas Local <br /> Government Code, constitutes a permit under Chapter 245 of the Texas <br /> Local Government.Code. In addition, the City acknowledges and agrees <br /> that (1) the uses and development contemplated in and authorized by this <br /> Agreement were planned for the Property more than ninety (90) days prior <br /> to the effective date of this Agreement and, therefore, more than ninety(90) <br /> days prior to the effective date of annexation of the Property, and (2) the <br /> Owner has filed a completed application for the initial authorization with the <br /> City prior to the institution of any annexation proceedings related to the <br /> Property. As a result of the foregoing sentence, Section 43.002 of the <br /> Texas Local Government Code applies to the uses and development of the <br /> Property contemplated in and authorized by this Agreement. <br /> C. In consideration of Owner's agreements hereunder, the City agrees that, <br /> during the term of.this Agreement, it will not impose or attempt to impose: <br />