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patent right or copyright held by others in performing the work or in the completed <br /> Project. <br /> 11.0.18 It is expressly agreed that the Operator is an independent contractor and not an <br /> employee, agent partner or joint-venturer with the City. The Operator will not <br /> pledge or attempt to pledge the credit of the City. <br /> 11.0.19 It is the City's intent to be proactive with regard to the environment. The City <br /> encourages value purchasing of environmentally friendly products. The Operator <br /> is encouraged to utilize green solutions in performing any services under the <br /> Agreement, as appropriate. <br /> 11.0.20 The Operator will, prior to execution and any future extension of this Agreement, <br /> furnish evidence as may be reasonably requested by the City to show the Operator <br /> is financially capable of providing the services set forth in the Agreement. <br /> 11.0.21 This Agreement will be subordinate to the provisions of any existing or future <br /> agreement between the City and the Texas Department of Transportation and any <br /> agency or department of the United States of America relative to the ownership, <br /> operation or maintenance of the Airport, the execution of which has been or may <br /> be required as a condition precedent to the expenditure of federal or state funds for <br /> the development of the Airport. Furthermore, this Agreement may be amended to <br /> include provisions required by those agreements. <br /> 11.0.22 In addition to other remedies available to the City, if the Operator fails to comply <br /> with the contract standards for the Airport, the Operator will be liable to the City <br /> for all incidental and consequential damages resulting from the noncompliance. <br /> 11.0.23 Funds for the payment of the City's obligations under this Agreement have been <br /> provided through the City budget approved by City Council for the current fiscal <br /> year only. State statutes prohibit the obligation and expenditure of public funds <br /> beyond the fiscal year for which a budget has been approved. However,the cost of <br /> items or services covered by this Agreement is considered a recurring requirement <br /> and is included as a standard and routine expense of the City to be included in each <br /> proposed budget within the foreseeable future. City Council expects this to be an <br /> integral part of future budgets to be approved during the period of this Agreement <br /> except for unanticipated needs or events which may prevent such payments against <br /> this Agreement. However,the City cannot guarantee the availability of funds, and <br /> enters into this Agreement only to the extent such funds are made available. In the <br /> event sufficient funds are not appropriated for the City's continued payment, this <br /> Agreement may be terminated by City or Operator without recourse by either party. <br /> Page 32 of 34 <br />