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into this Agreement or in any application for payment to the City or subsequent request <br />or submission to the City relating to this Agreement that is false or misleading in any <br />material respect; or <br />d) Abandons work on the New School for a period of 60 or more continuous <br />days. <br />Section 5.02. Notice for Certain Types of Default. If the City Manager determines that <br />Recipient is in default of this Agreement on a basis other than the failure to complete the New <br />School within the time period provided in this Agreement or to comply with the insurance <br />requirements set forth in exhibit "C", the City Manager will notify Recipient in writing of such <br />default, and if the default is not cured within 30 days from the date of the notice, then the City <br />Manager may terminate this Agreement. <br />Section 5.03. Remedies not Exclusive. The City may exercise its remedies for default in <br />conjunction with one another or separately, and together with any other statutory or common law <br />remedies available to the City. Any failure by the City to enforce this Agreement with respect to <br />one or more defaults by Recipient will not waive the City's ability to enforce the Agreement <br />after that time. <br />PART 6. MISCELLANEOUS <br />Section 6.01. No Joint Venture. It is understood and agreed between the parties that <br />the City and Recipient, 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 RECIPIENT AGREES <br />TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />7