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j 2 <br /> XIII <br /> Disputes <br /> A.If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this <br /> AGREEMENT the Contractor may submit a written detailed description of the dispute to the Public <br /> Transportation Division's Statewide Transportation Demand Management Programs Manager or the <br /> Statewide Transportation Demand Management Programs Manager's designee who will issue a <br /> written decision within ten calendar (10) days of receipt of the written description of the dispute. <br /> This decision shall be final and conclusive unless within ten(10)days from the date of Contractor's <br /> receipt of WSDOT's written decision, the Contractor mails or otherwise furnishes a written appeal <br /> to the Director of the Public Transportation Division or the Director's designee. In connection with <br /> any such appeal the Contractor shall be afforded an opportunity to offer material in support of its <br /> position.The Contractor's appeal shall be decided in writing within thirty(30)days of receipt of the <br /> appeal by the Director of the Public Transportation Division or the Director's designee. The <br /> decision shall be binding upon the Contractor and the Contractor shall abide by the decision. <br /> B.Performance During Dispute. Unless otherwise directed by WSDOT, the Contractor shall <br /> continue performance under this AGREEMENT while matters in dispute are being resolved. <br /> C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to <br /> person, property, or right because of any act or omission of the other PARTY or any of that <br /> PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages <br /> therefore shall be made in writing to such other PARTY within thirty (30) days after the first <br /> observance of such injury or damage. <br /> D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to <br /> any other right or remedy under this document or afforded by law or equity, and may be exercised <br /> independently, concurrently, or successively and shall not be construed to be a limitation of any <br /> duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the <br /> WSDOT or Contractor shall constitute a waiver of any right or duty afforded any of them under this <br /> AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence <br /> in any breach thereunder,except as may be specifically agreed in writing. <br /> E. Venue. In the event that either PARTY deems it necessary to institute legal action or <br /> proceedings to enforce any right or obligation under this Agreement,the PARTIES hereto agree that <br /> any such action shall be initiated in the Superior Court of the State of Washington situated in <br /> Thurston County. <br /> XIV <br /> Independent Contractor <br /> The Contractor shall be deemed an independent Contractor for all purposes, and the employees of <br /> the Contractor or any of its subcontractors and the employees thereof, shall not in any manner be <br /> deemed to be employees of WSDOT. <br /> XV <br /> Certification Regarding the Restrictions of the <br /> Use of Federal Funds for Lobbying <br /> A. No federal appropriated funds have been paid or will be paid, by or on behalf of the <br /> undersigned, to any person for influencing or attempting to influence an officer or employee of <br /> Page 5 of 9 Contract No. GCB2048 <br /> 140 <br />