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<br />professional serviclontracts entered into for the accompLent of this project. The <br />power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of <br />Agentt is a limited power to perform acts in connection with airport improyements as <br />specified in or necessitated by this Agreement. <br /> <br />3. The Sponsor agrees to pursue and enforce contract items, which are required by federal <br />and/or state regulations, laws and orders to insure satisfactory performance of contract <br />yendors. Such items include, but are not limit~d to, bid bonds, payment bonds, and <br />performance bonds. Pursuit and enforcement of contract items may require litigation and <br />other remedies of law. <br /> <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 incidental to, compliance with <br />this grant agreement. <br /> <br />5. This Agreement is executed for the sole benefit of the contracting parties and is not <br />intended .or execut~d 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 <br />may enter into or assume, or haye entered into or haye assumed, in regard to the aboye <br />project. . <br /> <br />6. If the Sponsor fails to comply with the conditions of th~ 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 cOJ1.tain the following: <br /> <br />a. The reaSons for. the suspension and the correctiye actton necessary to lift the <br />suspension; <br /> <br />b. A date by which the correctiye action must be taken; <br /> <br />c. Notification that consideration will be giyen to terminating the grant after the <br />correctiye action date. <br /> <br />In the ~~e: of suspension or. termination, the Sponsor may reque~t 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 /> <br />. . <br />7. This Agreement is.subject to the applicable proYislons 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 /> <br />a. Of primary importance to the State is compliance with the terms and conditions of <br />this Agreement. If, howeyer, after all reasonable attempts to require compliance <br />haye 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 <br /> <br />Page 9 of 25 <br />