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0 <br /> C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the <br /> CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the <br /> prosecution of suits and enforce any right against any person or organization who may be liable to <br /> WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as <br /> requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain <br /> the attendance of witnesses as requested by WSDOT. <br /> Section 38 <br /> Severability <br /> If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall <br /> not affect the validity or obligation of performance of any other covenant or provision, or any part <br /> thereof, which in itself is valid if such remainder conforms to the terms and requirements of <br /> applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or <br /> provision shall delay the performance of any other covenant or provision except as herein allowed. <br /> Section 39 <br /> Counterparts <br /> This AGREEMENT may be simultaneously executed in several counterparts, each of which shall <br /> be deemed to be an original having identical legal effect. <br /> Section 40 <br /> Complete Agreement <br /> This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES. <br /> No agent or representative of WSDOT or the CONTRACTOR has authority to make, and neither <br /> WSDOT nor the CONTRACTOR shall be bound by or be liable for, any statement, representation, <br /> promise or agreement not set forth herein or made by written amendment hereto. <br /> Section 41 <br /> Order of Precedence <br /> Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving <br /> documents precedence in the following order: <br /> 1. Federal Law <br /> 2. State Law <br /> 3. This AGREEMENT <br /> 4. The Guidebook <br /> Section 42 <br /> Agreement Close Out <br /> The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date <br /> set forth in the caption header, "Term of Agreement" by written notification and in its capital <br /> Quarterly Progress Report, as referenced in the Guidebook, and any amendments thereto, for the <br /> quarter in which the project is completed. WSDOT will prepare an amendment to modify the <br /> AGREEMENT to reflect the actual amount spent and the Project completion date. WSDOT will <br /> send a close out letter to the CONTRACTOR. <br /> Section 43 <br /> Execution <br /> This AGREEMENT is executed by the Director, Public Transportation Division, State of <br /> Washington, Department of Transportation or the Director's designee, not as an individual incurring <br /> personal obligation and liability, but solely by, for and on behalf of the State of Washington, <br /> Department of Transportation, in the capacity as Director, Public Transportation Division, or as a <br /> designee. <br /> L <br /> l7 <br /> Everett Transit 14 of 15 <br /> PTD0465 0 <br />