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within 30 days following such termination. <br />Section 4.03. Status of Signs After Discontinuation of Business. If the Developer <br />shall discontinue operating the Business after all signs allowed under this Agreement have been <br />erected, Developer agrees that such signs may remain on the Premises, but shall be deemed <br />legally nonconforming use signs subject to the provisions of the Land Development Code then <br />applicable to legally nonconforming use signs and such signs shall otherwise be subject to all <br />other applicable restrictions and requirements of the Land Development Code and City of San <br />Marcos Ordinances. <br />Section 4.04. Remedies not Exclusive. The City may exercise its remedies for default <br />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 />6