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<br />MOA DTFASW-06-L-00178 <br />San Marcos Municipal Airport <br />San Marcos, Texas 78666 <br /> <br />5. TITLE TO IMPROVEMENTS: <br /> <br />(Apr-05) <br /> <br />Title to the improvements constructed for use by the FAA during the life of this <br />agreement shall be in the name of the FAA. <br /> <br />6. HAZARDOUS SUBSTANCE CONTAMINATION: <br /> <br />(May-OO) <br /> <br />The FAA agrees to remediate, at its sole cost, all hazardous substance contamination <br />on the FAA facility premises that is found to have occurred as a direct result of the <br />installation, operation, relocation and/or maintenance of the FAA's facilities covered by <br />this agreement. The Sponsor agrees to remediate or have remediated at its sole cost, <br />any and all other hazardous substance contamination found on the FAA facility <br />premises. The Sponsor also agrees to save and hold the Government harmless for any <br />and all costs, liabilities and/or claims by third parties that arise out of hazardous <br />contamination found on the FAA facility premises that are not directly attributable to the <br />installation, operation and/or maintenance of the facilities on the attached FAA "List of <br />Facilities." <br /> <br />7. INTERFERENCE WITH FAA OPERATIONS: <br /> <br />(Ocl-96) <br /> <br />The Sponsor agrees not to erect or allow to be erected any structure or obstruction of <br />whatsoever kind or nature within the Airport's boundaries that may interfere with the <br />proper operation of the navigational aid facilities installed by the FAA, as it is not in the <br />best interest of the Sponsor or the FAA. <br /> <br />8. FUNDING RESPONSIBILITY FOR FAA FACILITIES: <br /> <br />(Ocl-96) <br /> <br />The Sponsor agrees that any relocation, replacement, or modification of any existing or <br />future FAA's navigational aid systems made necessary by Airport improvements or <br />changes, which interferes with the technical and/or operational characteristics of the <br />facility, will be at the expense of the Sponsor, with the exception of any such <br />improvements or changes which are made at the request of the FAA. In the event such <br />relocations, replacements, or modifications are necessary due to causes not attributable <br />to either the Sponsor or the FAA, funding responsibility shall be determined by mutual <br />agreement between the parties. <br /> <br />9. NON-RESTORATION: <br /> <br />(Ocl-96) <br /> <br />It is hereby agreed between the parties, that upon termination of its occupancy, the FAA <br />shall have no obligation to restore and/or rehabilitate, either wholly or partially, the <br />property which is the subject matter of this agreement. It is further agreed that the FAA <br />may abandon in place any or all of the structures and equipment installed in or located <br />upon said property by the FAA during its tenure. Such abandoned equipment shall <br />become the property of the Sponsor. <br /> <br />Page 3 of6 <br />