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and no signs may be erected on the Site after the date of termination except as permitted under the provisions of the Land Development Code or successor provisions then in effect. The Owner further agrees that, upon termination of this Agreement, the Centerpoint Sign and the Interstate Sign, whether partially or completely installed, shall be removed from the Site within 60 days following the effective date of the termination, or as soon thereafter as is reasonably practicable. Section 4.04. Remedies not Exclusive. In the event of default, either party may exercise its remedies hereunder together with any other statutory or common law remedies, including applicable penal and civil enforcement provisions of the Land Development Code or successor provisions, or other ordinances governing signs. Any failure by one party to enforce this Agreement with respect to one or more defaults by the other party will not waive that party's ability to enforce the Agreement after that time. In the event litigation is commenced under the terms of this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorney fees and costs.. PART 5. MISCELLANEOUS Section 5.01. Notices. All notices required by this Agreement will be delivered to the following by certified mail or confirmed facsimile transmission: Frank Marchisello City Manager Tanger Properties Limited Partnership City of San Marcos 3200 Northline Ave. 630 East Hopkins Greensboro, North Carolina 27408 San Marcos, Texas 78666 Facsimile: (336) 852 -1407 Fax: (512) 396 -4656 Each party will notify the other party in writing of any change in information required for notice under this paragraph. Section 5.02. Assignment. The Owner may not assign this Agreement or any of its rights, or delegate or subcontract any of its duties under this Agreement, in whole or in part, without the prior written consent of the City, which shall not be unreasonably withheld. However, nothing contained within this Agreement shall be construed or interpreted as in any way restricting, impairing or affecting Owner's right to freely sell, transfer or otherwise convey the Site or any part, parcel or portion thereof, to third parties or related parties in a subsequent transaction, and Owner and City expressly agree that Owner may undertake such actions without requirement of prior notice to or consent from the City. Section 5.03. Applicable Law and Venue. This Agreement will be construed under the laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. Mandatory venue for any matters in federal court will be in the United States District Court for the Western District of Texas. Section 5.04. No Liability. The Owner agrees that City assumes no liability or C!