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2. It is the intent of this grant to not supplant local funds normally utilized for airport <br />maintenance, and that any state financial assistance offered under this grant be in addition <br />to those local funds normally dedicated for airport maintenance. <br />This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 <br />and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. <br />(Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the <br />rules and statutes shall be considered a breach of this contract and will allow the State to <br />pursue the remedies for breach as stated below. <br />a. Of primary importance to the State is compliance with the terms and conditions of <br />this Grant. If, however, after all reasonable attempts to require compliance have <br />failed, the State finds that the Sponsor is unwilling and/or unable to comply with <br />any of the terms of this Grant, the State, may pursue any of the following <br />remedies: (1) require a refund of any financial assistance money expended <br />pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the <br />Attorney General to bring suit seeking reimbursement of any financial assistance <br />money expended on the project pursuant to this Grant, provided however, these <br />remedies shall not limit the State's authority to enforce its rules, regulations or <br />orders as otherwise provided by law, (4) declare this Grant null and void, or (5) <br />any 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 Grant, or for enforcement of any of the provisions of this <br />Grant, is specifically set by Grant of the parties in Travis County, Texas. <br />4. The State reserves the right to amend or withdraw this Grant 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. <br />5. This Grant constitutes the full and total understanding of the parties concerning their <br />rights and responsibilities in regard to this project and shall not be modified, amended, <br />rescinded or revoked unless such modification, amendment, rescission or revocation is <br />agreed to by both parties in writing and executed by both parties. <br />6. All commitments by the Sponsor and the State are subject to constitutional and statutory <br />limitations and restrictions binding upon the Sponsor and the State (including Sections 5 <br />and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of <br />funds which lawfully may be applied. <br />Page 7 of 12 <br />AVN4301.DOC (8/2008) <br />