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Res 1998-150
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Res 1998-150
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Last modified
4/23/2007 5:06:18 PM
Creation date
4/16/2007 4:54:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-150
Date
7/27/1998
Volume Book
133
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<br /> 6. If the Sponsor fails to comply with the conditio'ns 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 following: <br /> a. The reasons for the suspension and the corrective action <br /> necessary to lift the suspension; <br /> b. A date by which the corrective action must be taken; <br /> c. Notification that consideration will be given to terminating the grant after the <br /> corrective action date. <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 /> 7. This Agreement is subject to the applicable provisions of Title 49 D.S.C., the V.T.C.A. <br /> Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and <br /> the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and <br /> Vernon Supp.). Failure to comply with the tenus of this Agreement or with the <br /> aforementioned rules and statutes shall be considered a breach of this contract and will <br /> allow the State to pursue the remedies for breach as stated below. <br /> a. Of primary importance to the State is compliance with the tenus 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 tenus and conditions of this Agreement, the State may pursue any of the <br /> following remedies: (1) require a refund of any money expended pursuant to the <br /> Agreement herein, (2) deny Sponsor's future requests for aid, (3) request the <br /> Attorney General to bring suit seeking reimbursement of any money expended on <br /> the project pursuant to the Agreement herein, provided however, these remedies <br /> shall not limit the State's authority to enforce its rules, regulations or orders as <br /> otherwise provided by law, (4) declare this Agreement null and void, or (5) any <br /> other remedy available at law or in equity. <br /> b. Venue for resolution by a court of competent jurisdiction of any dispute arising <br /> under the tenus of this Agreement, or for enforcement of any of the provisions of <br /> this Agreement, is specifically set by Agreement of the parties hereto in Travis <br /> County, Texas. <br /> 8. The State reserves the right to amend or withdraw this Agreement at any time prior to <br /> acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after <br /> Page 11 of 14 <br />
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