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5.3 5.4 by law without any notice or demand whatsoever, including tile entry upon the Parking Space without being liable for prosecution m' any claim for damages, and do whatever the Tenant is obligated to do under tile terms of this Agreement. The Tenant agrees to reimburse the City for any expenses which the City may incur in effecting compliance with Tenant's obligations under this Agreement. Pursuit of any one or more remedies will not preclude the City fi'om pursuing any other remedies provided by law, nor will pursuit of any remedies constitute a forfeiture or waiver of any rant due to the City, or of any damages accruing to the City by reason of the violation of any of the terms of the Agreement. If it becomes necessary for the City to nse an attorney to enforce any of the City's rights uuder this Agreement, the Tenant agrees to pay reasonable attorney's fees incurred by the City. Article 6. Term and Termination 6.1 6.2 The term of this Agreement will be for a period of fi'om its effective date. In the event of a default by the Tenant that is not cured by the Tenant within the Cure Period, the City may terminate this Agreement at any time upon written notice to the Tenant. Article 7. Miscellaneous 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 If m~y clause or provision of this Agreement is illegal, invalid or u~mnforceable under present or fimJre Jaws in effect during the term of this Agreement, it is the intention of the parties that the remainder of this Agreemeut shall not be affected, and the parties declare that this Agreement would have been entered into without the uneuforceable portion. This Agreement may not be altered, changed, or amended, except by a written instrument signed by both parties. The terms, provisions, covenants and conditions contained in this Agreement shall apply to, innre to the benefit, and be binding upon the parties, and upon their respective snccessors in interest and legal representatives, except as otherwise expressly provided. The captions used in this Agreement are for convenience only and do not in any way limit or amplify any terms and provisions. The City's execotion of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable/au,. One or more waivers of any provision of this Agreement by the City shall not be deemed to waive the City's authority to enforce strict compliance with this Agreement in tile future. Nothing ill this Agreement shall be deemed or construed by the parties, nor by any third party, as creating tbe relationship of principal and agent or of partnership or ofjoiat venture between tile parties. The only relationship between the parties is that of licensor and licensee. Nothing in this Agreement shall be deemed or construed by tile parties, nor by any third pally, as creating or conveying an interest or right in the Parking Space that is not expressly named in this Agreement. The City shall have tile right to enter upon tile Parking Space at all reasonable hours for the purpose of inspection. Tile City shall not be liable to Tenant roi' any expense, loss, or damage fi'mn the City's entry upon the Parking Space. Wherever any notice is required or permitted in this Agreement, it shall be in writing. Any notice or docnment reqnired or permitted to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set out opposite their names below, or at such other addresses as they have specified by written notice is deemed to be delivered. To tile City: Main Street Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 To the Tenant: EXECUTED ON City of San Marcos Tenant Signature Printed name, title By: Kelly Franks, Main Street Manager