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Res 2013-078/Authorizing a request for financial assistance from TxDOT for the acquisition of appoximately 42 acres of land adjacent to Taxiway J
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Res 2013-078/Authorizing a request for financial assistance from TxDOT for the acquisition of appoximately 42 acres of land adjacent to Taxiway J
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8/23/2013 2:46:04 PM
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5/30/2013 3:31:22 PM
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Resolutions
City Clerk - Type
Airport
Number
2013-78
Date
5/21/2013
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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 necessary to lift the <br />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 U.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 terms of this Agreement or with the rules and <br />statutes shall be considered a breach of this contract and will allow the State to pursue the <br />remedies for breach as stated below. <br />a. Of primary importance to the State is compliance with the terms 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 terms 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, (2) deny Sponsor's future requests for aid, (3) request the Attorney <br />General to bring suit seeking reimbursement of any money expended on the <br />project pursuant to the Agreement, provided however, these remedies shall not <br />limit the State's authority to enforce its rules, regulations or orders as otherwise <br />provided by law, (4) declare this Agreement null and void, or (5) any other remedy <br />available at law or in equity. <br />b. Venue for resolution by a court of competent jurisdiction of any dispute arising <br />under the terms of this Agreement, or for enforcement of any of the provisions of <br />this Agreement, is specifically set by Agreement of the parties in Travis County, <br />Texas. <br />& 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 />issuance unless extended by the State, which extension shall not be unreasonably be <br />denied or delayed. <br />. This Agreement constitutes the full and total understanding of the parties concerning their <br />Page 9 of 31 <br />
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