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<br /> IÎ-If:., <br /> - Page 4 <br /> Agreement, the City Manager will notify the Developer in writing, and if the default is not <br /> cured within 30 days of the date of the notice (the "Cure Period"), then the City Council <br /> may terminate this Agreement. No cure is allowed for defaults involving the failure to pay <br /> ad valorem taxes on the Property. <br /> C. If this Agreement is terminated under this Section, then the Developer will <br /> pay to the City the total amount of the Fee Waiver within 30 days of the date of the <br /> termination. The City may record a lien against the Property for any portion of the Fee <br /> Waiver that remains unpaid after that date. <br /> 5. ASSIGNMENT <br /> .¡ <br /> A. This Agreement may be assigned by the Developer to a new owner of the <br /> Property with the written consent of the City Council. An assignment will not be approved <br /> if the Developer or the new owner are indebted to the City for ad valorem taxes or other <br /> obligations. <br /> B. The new owner will assume all the, duties and obligations of the Developer <br /> under this Agreement. <br /> 6. INDEMNITY <br /> It is understood and agreed between the parties that the City and the Developer are <br /> acting independently and not as a partnership or joint venture in executing and performing <br /> this Agreement, and the City assumes no responsibilities or liabilities in connection with <br /> this Agreement to third parties, and the Developer agree to indemnify, defend and hold the <br /> City harmless from any such liabilities. <br />