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Res 2023-155R accepting financial assistance for the Taxiway Alpha Reconstruction Project at the San Marcos Regional Airport from the Texas Department of Transportation Aviation Division
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Res 2023-155R accepting financial assistance for the Taxiway Alpha Reconstruction Project at the San Marcos Regional Airport from the Texas Department of Transportation Aviation Division
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10/12/2023 2:59:47 PM
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Adopting
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2023-155
Date
10/2/2023
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pursue any of the following remedies: (1)require a refund of any money expended <br /> pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3)request <br /> the Attorney General to bring suit seeking reimbursement of any money expended <br /> on the project pursuant to the Agreement,provided however, these remedies shall <br /> not limit the State's authority to enforce its rules,regulations or orders as otherwise <br /> provided by law,(4)declare this Agreement null and void,or(5)any other remedy <br /> available at law or in equity. <br /> b. Venue for resolution by a court of competent jurisdiction of any dispute arising <br /> under the terms of this Agreement, or for enforcement of any of the provisions of <br /> this Agreement, is specifically set by Agreement of the parties in Travis County, <br /> Texas. <br /> 8. The State reserves the right to amend or withdraw this Agreement at any time prior to <br /> acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after <br /> issuance unless extended by the State, which extension shall not be unreasonably denied <br /> or delayed. <br /> 9. This Agreement constitutes the full and total understanding of the parties concerning their <br /> rights and responsibilities in regard to this project and shall not be modified, amended, <br /> rescinded or revoked unless such modification, amendment, rescission or revocation is <br /> agreed to by both parties in writing and executed by both parties. <br /> 10. All commitments by the Sponsor and the State are subject to constitutional and statutory <br /> limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 <br /> of Article 11 of the Texas Constitution, if applicable) and to the availability of funds <br /> which lawfully may be applied. <br /> 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport <br /> Project Participation Agreement shall be evidenced by execution of this instrument by the <br /> Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by <br /> the Title 49 U.S.C., constituting the contractual obligations and rights of the United <br /> States, the State of Texas, and the Sponsor with respect to the accomplishment of the <br /> Project and compliance with the assurances and conditions as provided. <br /> 12. The state auditor may conduct an audit or investigation of any entity receiving funds <br /> from the state directly under the contract or indirectly through a subcontract under the <br /> contract. Acceptance of funds directly under the contract or indirectly through a <br /> subcontract under this contract acts as acceptance of the authority of the state auditor, <br /> under the direction of the legislative audit committee, to conduct an audit or <br /> investigation in connection with those funds. An entity that is the subject of an audit or <br /> investigation must provide the state auditor with access to any information the state <br /> auditor considers relevant to the investigation or audit. <br /> Page 14 of 44 V.9-1-23 <br />
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