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Res 1997-194
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Res 1997-194
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6/12/2007 3:10:04 PM
Creation date
6/12/2007 3:10:04 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-194
Date
12/8/1997
Volume Book
131
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<br /> failed, the State finds that Sponsor is unwilling and/or <br /> unable to comply with any of the terms and conditions of <br /> this Agreement, the State may pursue any of the following <br /> remedies: (1) require a refund of any money expended <br /> pursuant to the Agreement herein, (2) deny Sponsor's <br /> future requests for aid, (3) request the Attorney General <br /> to bring suit seeking reimbursement of any money expended <br /> on the project pursuant to the Agreement herein, provided <br /> however, these remedies shall not limit the State's <br /> authority to enforce its rules, regulations or orders as <br /> otherwise provided by law, (4) declare this Agreement <br /> null and void, or (5) any other remedy available at law <br /> or in equity. <br /> b. Venue for resolution by a court of competent jurisdiction <br /> of any dispute arising under the terms of this Agreement, <br /> or for enforcement of any of the provisions of this <br /> Agreement, is specifically set by Agreement of the <br /> parties hereto in Travis County, Texas. <br /> 8. The State reserves the right to amend or withdraw this <br /> Agreement at any time prior to acceptance by the Sponsor. The <br /> acceptance period cannot be greater than 30 days after <br /> issuance unless extended by the State, which extension shall <br /> not be unreasonably be denied or delayed. <br /> 9. This Agreement constitutes the full and total understanding of <br /> the parties concerning their rights and responsibilities in <br /> regard to this project and shall not be modified, amended, <br /> rescinded or revoked unless such modification, amendment, <br /> rescission or revocation is agreed to by both parties in <br /> writing and executed by both parties. <br /> 10. All commitments by the Spon$or and the State hereunder are <br /> subject to constitutional and statutory limitations and <br /> restrictions binding upon the Sponsor and the State ( incl uding <br /> §§ 5 and 7 of article 11 of the Texas Constitution, if <br /> applicable) and to the availability of funds which lawfully <br /> may be applied. <br /> 11. The Sponsor's acceptance of this Agreement and ratification <br /> and adoption of the Airport Project Participation Agreement <br /> incorporated herein shall be evidenced by execution of this <br /> instrument by the Sponsor, as hereinafter provided, and this <br /> Offer and Acceptance shall comprise a Grant Agreement, as <br /> provided by the Title 49 U.S.C., constituting the contractual <br /> obligations and rights of the United States, the State of <br /> Texas and the Sponsor with respect to the accomplishment of <br /> the Project and compliance with the assurances and conditions <br /> Page 13 of 15 <br />
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