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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 />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 parry to any other contract or commitment, which the Sponsor <br />may enter into or assume, or have entered into or have assumed, in regard to the above <br />project. <br />6. If the Sponsor fails to comply with the conditions 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 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., Title 3 of the <br />Texas Transportation Code, and the Airport Zoning Act, Texas Local Government Code <br />§§ 241.001 et seq. Failure to comply with the terms of this Agreement or with the rules <br />and statutes shall be considered a breach of this contract and will allow the State to pursue <br />the remedies for breach as stated below. <br />a. Of primary importance to the State is compliance with the terms and conditions <br />of 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 <br />the following remedies: (1) require a refund of any money expended pursuant to <br />the Agreement, (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, provided however, these remedies shall <br />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 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 />Page 13 of 43 <br />