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<br />4. This Agreement is executed for the sole benefit of the contracting parties and is not <br />intended or executed for the direct or incidental benefit of any third party. Furthermore, <br />the State shalI not be a party to any other contract or commitment which the Sponsor may <br />enter into or assume, or have entered into or have assumed, in regard to the above project. <br /> <br />5. If the Sponsor fails to comply with the conditions of the grant, the State may, by written <br />notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension <br />shall contain the folIowing: <br /> <br />a. The reasons for the suspension and the corrective action necessary to lift the <br />suspenSiOn; <br /> <br />b. A date by which the corrective action must be taken; <br /> <br />c. Notification that consideration will be given to terminating the grant after the <br />corrective action date. <br /> <br />In the case of suspension or termination, the Sponsor may request the State to reconsider <br />the suspension or termination. Such request for reconsideration shall be made within 45 <br />days after receipt of the notice of suspension or termination. <br /> <br />6. This Agreement is subject to the applicable provisions of the V.T.C.A. Transportation <br />Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp.), and the Airport <br />Zoning Act, Tex. Loc. Govt. Code Ann. SS 241.001 et seq. (Vernon and Vernon Supp.). <br />Failure to comply with the terms of this Agreement or with the aforementioned rules and <br />statutes shalI be considered a breach of this contract and will alIow the State to pursue the <br />remedies for breach as stated below. <br /> <br />a. Ofptimary importance to the State'is compliance with the terms and conditions of <br />this Agreement. If, however, after all reasonable attempts to require compliance <br />have failed, the State finds that Sponsor is unwilling and/or unable to comply with <br />any of the terms and conditions of this Agreement, the State, may pursue any of <br />the following remedies: (1) require a refund of any financial assistance money <br />expended pursuant to the Agreement herein, (2) deny Sponsor's future requests <br />for aid, (3) request the Attorney General to bring suit seeking reimbursement of <br />any financial assistance money expended on the project pursuant to the Agreement <br />herein, provided however, these remedies shall not limit the State's authority to <br />enforce its rules, regulations or orders as otherwise provided by law, (4) declare <br />this Agreement nulI and void, or (5) any other remedy available at law or in equity. <br /> <br />Page 9 of 14 <br />