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(d) Recipient allows ad valorem taxes or other fees due or owed to the City to <br />become delinquent; or <br />(e) Affiliate fails to satisfy the Affiliate Contingencies. <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 as provided in section 5.01 (a), the <br />City Manager will notify Recipient in writing of such default, and if the default is not cured within <br />30 days from the date of the notice, then the City 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 one <br />or more defaults by Recipient will not waive the City's ability to enforce the Agreement after that <br />time. <br />PART 6. MISCELLANEOUS <br />Section 6.01. No Joint Venture. It is understood and agreed between the parties that the <br />City and Recipient, in executing this Agreement, and in performing their respective obligations, are <br />acting independently, and not in any form of partnership or joint venture. THE CITY ASSUMES <br />NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN CONNECTION <br />WITH THIS AGREEMENT, AND RECIPIENT AGREES TO INDEMNIFY, DEFEND AND <br />HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM <br />ANY SUCH LIABILITIES. <br />