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seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
<br /> easements or other property interests in or rights to use of land or airspace unless
<br /> Sponsor can show that acquisition and retention of such interests will be
<br /> impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible
<br /> for a subsequent grant or loan by the State unless Sponsor has, prior to such
<br /> subsequent approval of a grant or loan, adopted and passed an airport hazard
<br /> zoning ordinance or order approved by the State; and
<br /> r. it will provide upon request of the State, the engineering or planning consultant,
<br /> and the FAA copies of any maps, plans, or reports of the project site, applicable
<br /> to or affecting the above project; and
<br /> S. after reasonable notice, it will permit the State,the FAA, and any consultants and
<br /> contractors associated with this project, access to the project site, and will obtain
<br /> permission for the State,the FAA,and consultants and contractors associated with
<br /> this project, to enter private property for purposes necessary to this project; and
<br /> t. all development of an airport constructed with program funds shall be consistent
<br /> with the Airport Layout Plan approved by the State and maintained by the
<br /> Sponsor. A reproducible copy of such plan, and all subsequent modifications,
<br /> shall be filed with the State for approval; and
<br /> U. it shall take all steps, including litigation, if necessary, to recover funds spent
<br /> fraudulently,wastefully, or in violation of Federal antitrust statutes,or misused in
<br /> any other manner in any project upon which Federal and State funds have been
<br /> expended. For the purposes of this grant agreement, the term "funds" means
<br /> funds, however used, or disbursed by the Sponsor or Agent that were originally
<br /> paid pursuant to this or any other grant agreement. It shall obtain the approval of
<br /> the State as to any determination of the amount of such funds. It shall return the
<br /> recovered share, including funds recovered by settlement, order, or judgment, to
<br /> the State. It shall furnish to the State, upon request, all documents and records
<br /> pertaining to the determination of the amount of the funds or to any settlement,
<br /> litigation,negotiation,or other efforts taken to recover such funds. All settlements
<br /> or other final positions of the Sponsor, in court or otherwise, involving the
<br /> recovery of such funds shall be approved in advance by the State.
<br /> 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
<br /> property upon which construction work is to be performed, or have acquired a leasehold
<br /> on such property for a term of not less than 20 years, prior to the advertisement for bids
<br /> for such construction or procurement of facilities that are part of the above project, and
<br /> within the time frame of the project, a sufficient interest (easement or otherwise) in any
<br /> other property which may be affected by the project.
<br /> 3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State,
<br /> the State's agents, employees or contractors fiom all claims and liability due to activities
<br /> of the Sponsor, the Sponsor's agents or employees performed under this agreement. The
<br /> Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
<br /> Page 9 of 44 V.9-1-23
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