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incentives to Qualified Faculty Members under the Program as it deems appropriate without modifying the terms of this Agreement. However, if the City discontinues the down payment assistance described above, Texas State may terminate this Agreement as provided in Section 5.01 below. Section 4.02. Agents of the City. The City may create or contract with one or more entities as it deems appropriate to administer the Program or any portion thereof and the incentives available to Qualified Faculty Members under the Program. For purposes of this Agreement, such entities shall be deemed agents of the City to the extent of the written authorization of the City. The City's assignment of any one or more obligations under this Agreement to such entities shall not be grounds for termination of this Agreement for cause under section 5.01 below. PART 5. DEFAULT Section 5.01. Default and Termination for Cause. Either Party may declare a default under this Agreement and may terminate this Agreement if the other: a) refuses, fails or neglects to comply with any of the terms of this Agreement; or b) made or makes any representation relied upon by the other in entering into this Agreement or in any subsequent request or submission relating to this Agreement that is false or misleading in any material respect. Section 5.02. Remedies not Exclusive. Either Party may exercise its remedies for default in conjunction with one another or separately, and together with any other statutory or common law remedies available. Any failure by either Party to enforce this Agreement with respect to one or more defaults will not waive such Party's ability to enforce the Agreement after that time. Section 5.03. Mutual Termination. Either Party may terminate this Agreement for any Page 5 of 8