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<br />10. All commitments by the Sponsor and the State hereunder are subject to constitutional and <br />statutory limitations and restrictions binding upon the Sponsor and the State (including ~ <br />5 and 7 of Article 11 of the TexaS Constitution, if applicable) and to the availability of <br />funds which lawfully may be applled. <br /> <br />11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport <br />Project Participation Agreement incorporated herein shall be evidenced by execution of <br />this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance <br />shall comprise a Grant Agreement, as provided by the Title 49 D.S.C., constituting the <br />contractual obligations and rights of the United States, the State of Texas and the Sponsor <br />with respect to the accomplishment of the Project and" compliance with the assurances and <br />conditions as provided herein. Such Grant Agr~ement shall become effective upon the <br />State's written Notice to Proceed issued following execution of this agreement. <br /> <br />12. This contract is subject to the approval as to form by the Attorney General of the State of <br />Texas. <br /> <br />Page 12 of 14 <br />