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(Vernon and Vemon 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 /> <br /> a. Of primary importance to the State is compliance with the terms and conditions <br /> of this Grant. If, however, after all reasonable attempts to require compliance <br /> have failed, the State finds that the Sponsor is unwilling and/or unable to comply <br /> with 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 /> <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 /> <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 /> <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 rescinded or revoked unless such modification, amendment, rescission or revocation is 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 /> <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 /> <br /> Page 7 of 12 <br /> <br />AVN4301.DOC (10/2003) <br /> <br /> <br />