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<br />Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, <br />the failure to pay shall be a breach and the Sponsor may exercise any rights and remedies it <br />has at law or equity. <br /> <br />The State shall reimburse the Sponsor, at the financial closure of the project, any excess <br />funds provided by the Sponsor which exceed Sponsor's share (Amount C). <br /> <br />PART m - Sponsor Responsibilities <br /> <br />1. In accepting the Agreement, the Sponsor guarantees that: <br /> <br />a. it will, in the operation of the facility, comply with all applicable state and federal <br />laws, rules, regulations, procedures, covenants and assurances required by the <br />State of Texas in connection with the Agreement; and <br /> <br />b. the Airport or navigational facility which is the subject of this Agreement shall be <br />controlled for a period of at least 20 years, and improvements made or acquired <br />under this project shall be operated, repaired and maintained in a safe and <br />serviceable manner for the useful life of said improvements, not to exceed 20 <br />years; and <br /> <br />c. consistent with safety and security requirements, it shall make the airport or air <br />navigational facility available to all types, kinds and classes of aeronautical use <br />without unjust discrimination between such types, kinds and classes and shall <br />provide adequate public access during the period of this Agreement; and <br /> <br />d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of <br />aeronautical activity on or about em airport landing area. Aeronautical activities <br />include, but are not limited to scheduled airline flights, charter flights, flight <br />instruction, aircraft sales, rental and repair, sale of aviation petroleum products and <br />aerial applications. The landing area consists of runways or landing strips, <br />taxiways, parking aprons, roads, airport lighting and navigational aids; and <br /> <br />e. it shall not permit non-aeronautical use of airport facilities, unless noted on an <br />approved Airport Layout Plan, without prior approval of the State; and <br /> <br />f it shall not enter into any agreement nor permit any aircraft to gain direct ground <br />access to the sponsor's airport from private property adjacent to or in the <br />immediate area of the airport. Further, Sponsor shall not allow aircraft direct <br />ground access to private property. Sponsor shall be subject to this prohibition, <br />commonly known as a "through-the-fence operation," unless an exception is <br />granted in writing by the State due to extreme circumstances; and <br /> <br />Page 4 of 14 <br />