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12 <br /> II <br /> Scope of Work <br /> The scope of work is described in the Exhibit I,which is by this reference fully incorporated <br /> herein as if fully set out in this AGREEMENT(Project).The caption headers and the recitals <br /> above are hereby incorporated into this Agreement. <br /> III <br /> Term of Project <br /> The Project period shall begin on the date shown in the caption space header titled "Start Date" <br /> and shall continue through the date shown in the caption space header titled "Completion Date" <br /> regardless of the date of execution of this AGREEMENT,unless terminated as provided herein. <br /> IV <br /> Termination <br /> Either PARTY, at its sole discretion, may terminate this Agreement in whole; or from time to <br /> time in part,whenever: <br /> 1. The other PARTY has breached the contract, and after fourteen (14) days written notice, has <br /> failed to correct the breach;or <br /> 2. The requisite state, local, or federal funding is reduced or becomes unavailable through failure <br /> of appropriation or otherwise; or <br /> 3. The continuation of the Project would not produce beneficial results commensurate with the <br /> further expenditure of funds; or <br /> 4. A request to terminate in whole or in part has been made in writing by the other PARTY. <br /> If this Agreement is terminated prior to fulfillment of the terms stated herein, the Contractor shall <br /> be reimbursed only for actual and eligible grant expenses incurred on the Project prior to the date <br /> of termination and as set forth in Section V, Project Reimbursement and Payment, and shall not <br /> exceed the Total Project Amount as set forth in the caption header entitled"Project Amount". <br /> V _ <br /> Project Reimbursement and Payment <br /> WSDOT shall reimburse the Contractor for eligible Project costs not exceeding the amount shown <br /> in the caption space header titled"Project Amount". WSDOT will reimburse the Contractor only <br /> for actual and eligible direct Project costs. Payment will be made on an incremental, reimbursable <br /> basis. Payment is subject to the submission to and approval by WSDOT of properly prepared <br /> invoices accompanied by progress reports and financial summaries. The Contractor's final <br /> payment request must be received by WSDOT no later than 30 days after the date shown in the <br /> caption space header titled "Completion Date" or within 30 days of the termination of this <br /> Agreement, whichever is sooner. Any payment request received more than 30 days after the date <br /> shown in the caption space header titled "Completion Date" will not be eligible for <br /> reimbursement. <br /> VI <br /> Waiver <br /> In no event shall the payment of any reimbursement request by WSDOT to the Contractor <br /> constitute or be construed as a waiver by WSDOT of any breach of contract, or any default which <br /> may exist on the part of the Contractor. The making of any such payment by WSDOT while any <br /> Page 2 of 9 Contract No. GCB2048 <br /> 137 <br />