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1994-055-RES WHEREAS, the City Council of the City of Paris did Resolution No. 94-011 authorize an application to be
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1994-055-RES WHEREAS, the City Council of the City of Paris did Resolution No. 94-011 authorize an application to be
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8/18/2006 4:32:21 PM
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CITY CLERK
Doc Name
1994-055-RES
Doc Type
Resolution
CITY CLERK - Date
5/23/1994
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<br />15. This Agreement is subject to the applicable provlslons of the Texas <br />Aeronautics Act, Tex. Rev. Civ. Stat. Ann., art. 46c-1 et seq., the <br />Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d-1, et seq., and <br />the Airport Zoning Act, Tex. Local Gov't. Code Ann. S9 241.001 et seq.. <br />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 <br />Department to pursue the remedies for breach as stated below. <br /> <br />a. Of primary importance to the Department is compliance with the terms <br />and conditions of this Agreement. If, however, after all reasonable <br />attempts to requi re comp 1 i ance have failed, the Department fi nds <br />that Sponsor is unwilling and/or unable to comply with any of the <br />terms and conditions of this Agreement, the Department, may pursue <br />any of the following remedies: (1) require a refund of any state <br />money expended pursuant to the Agreement, (2) deny Sponsor's future <br />requests for state aid, (3) request the Attorney General to bring <br />suit seeking reimbursement of any state money expended on the <br />project pursuant to the Agreement, provided however, these remedies <br />shall not limit the Department's authority to enforce its rules, <br />regulations or orders as otherwise provided by law, (4) declare this <br />Agreement null and void, and (5) any other remedy available at law <br />or inequity. <br /> <br />b. Venue for resolution by a court of competent jurisdiction of any <br />dispute arising under the terms of this Agreement, or for <br />enforcement of any of the provisions of this Agreement, is <br />specifically set by Agreement of the parties in Travis County, <br />Texas. <br /> <br />16. The Department reserves the right to amend or withdraw this Agreement at <br />any time prior to acceptance by the Sponsor. The acceptance period cannot <br />be greater than 30 days after issuance unless extended in writing by the <br />Department. <br /> <br />17. This Agreement constitutes the full and total understanding of the parties <br />concerning their rights and responsibilities in regard to this project and <br />shall not be modified, amended, rescinded or revoked unless such <br />modification, amendment, rescission or revocation is agreed to by both <br />parties in writing and executed by both parties. <br /> <br />18. All commitments by the Sponsor and the Department hereunder are subject to <br />constitutional and statutory limitations and restrictions binding upon the <br />Sponsor and the Department (including ss 5 and 7 of article 11 of the <br />Texas Constitution, if applicable) and to the availability of funds which <br />lawfully may be applied. <br /> <br />19. Thi s contract is subject to the approval as to form by the Attorney <br />General of the State of Texas. <br /> <br />20. Special Conditions: Construction for the project must be complete before <br />January 1, 1995 to satisfy Federal Aviation Administration Part 139 <br />requirements. <br /> <br />Page 6 of 9 <br />
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