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1.0.19 Texas Department of Transportation or TxDot the Texas Department of <br />Transportation existing pursuant to the Texas Transportation Code as amended, or <br />any successor agency. <br />1.0.20 Through- the -Fence Agreement means any agreement or license which allows <br />access to or use of Airport Property or facilities by persons having an interest in <br />property located adjacent to the Airport or adjacent to a connecting taxiway as <br />authorized by the San Marcos Code. <br />1.0.21 Upkeep means: <br />(a) keeping and preserving Airport Property in sound, safe, serviceable, and <br />first -rate condition; and <br />(b) restoring, replacing or adding to Airport Property so that any relevant <br />portion of the Airport is brought to and remains in sound, safe, serviceable and <br />first -rate condition. <br />ARTICLE 2 <br />2.0 STANDARDS OF PERFORMANCE <br />2.0.1 The performance of all services by the Operator in connection with this <br />Agreement will be by persons appropriately licensed or registered under state, <br />local and federal laws governing the services specified under this Agreement. <br />The Operator represents that it is qualified to provide the services specified under <br />this Agreement and that it possesses a high degree of skill, knowledge and <br />expertise in the aviation business, including, but not limited to, airport <br />management and operation, property management, and real estate development. <br />In performing all services under this Agreement, the Operator will use the highest <br />degree of care and skill that is exercised by Operators in the airport management <br />and aviation industry. <br />2.0.2 The Operator is responsible for the performance of all management and other <br />services provided under this Agreement regardless of whether the services are <br />subcontracted or not; provided however that the Operator agrees and represents <br />that it will not subcontract any of the management services. The Operator will <br />provide a list of subcontractors and copies of any subcontracts entered into for <br />work or services at the Airport to the City not later than thirty (30) days after <br />execution. <br />5 <br />