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<br /> Underutilized Business (HUB) Programs in accordance with federal and state <br /> regulations.. <br /> Contract Management Agent: <br /> h. exercise such supervision and direction of the project work as the State reasonably <br /> finds appropriate. Where there is an irreconcilable conflict or difference of <br /> opinion, judgment, order or direction between the State and the Sponsor, any <br /> engineer, contractor, or materialman, the State shall issue a written order which <br /> shall prevail and be controlling; <br /> 1. coordinate and review project plans, specifications and construction; coordinate <br /> and conduct progress and final inspections. <br /> PART V - Recitals <br /> 1. The State shall obtain an audit as required by federal or state regulations; and procure and <br /> forward to the FAA such specific project documentation as is necessary to complete all <br /> aspects of this project. <br /> 2. The Sponsor, and not the State, shall be the contractual party to all construction and <br /> professional service contracts entered into for the accomplishment of this project. The <br /> power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of <br /> Agent, is a limited power to perform acts in connection with airport improvements as <br /> specified in or necessitated by this Agreement. <br /> 3. The Sponsor hereby agrees to pursue and enforce contract items which are required by <br /> federal and/or state regulations, laws and orders to insure satisfactory performance of <br /> contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, <br /> and performance bonds. Pursuit and enforcement of contract items may require litigation <br /> and other remedies oflaw. <br /> 4. The United States and the State of Texas shall not be responsible or liable for damage to <br /> property or injury to persons which may arise from, or be incident to, compliance with this <br /> grant agreement. <br /> 5. 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 shall 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 /> Page 10 of 14 <br />