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0 <br /> 0 <br /> hereby waives any immunity that would otherwise be available to it against such claims under the <br /> Industrial Insurance provisions in Title 51 RCW. <br /> D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal <br /> expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, <br /> all such fees, costs and expenses shall be recoverable by the prevailing PARTY. <br /> Section 25 <br /> Agreement Modifications <br /> Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this <br /> AGREEMENT must be mutually agreed upon and incorporated by written amendment to this <br /> AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless <br /> signed by the persons authorized to bind from each of the PARTIES. Provided, however, that <br /> changes to the federal award identification number, DUNS, project title, federal ID number, CFDA <br /> number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do not <br /> affect the Project total cost, will not require a written amendment, but will be approved and <br /> documented by WSDOT through an administrative revision. WSDOT shall notify the <br /> CONTRACTOR of the revision in writing. <br /> Section 26 <br /> WSDOT Advice <br /> The CONTRACTOR bears complete responsibility for the administration and success of the Project <br /> as defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice <br /> from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the <br /> responsibility of the CONTRACTOR for the correct administration and success of the Project, and <br /> WSDOT shall not be held liable for offering advice to the CONTRACTOR. <br /> Section 27 <br /> Venue and Process <br /> In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce <br /> any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action <br /> shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The <br /> PARTIES agree that the laws of the State of Washington shall apply. <br /> Section 28 <br /> Subrogation <br /> A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such reasonable <br /> action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover <br /> damages from any person or organization alleged to be legally responsible for injury to any <br /> equipment, property, or transportation program in which WSDOT has a financial interest. <br /> B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of <br /> recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon <br /> assignment,the CONTRACTOR shall execute,deliver, and do whatever else reasonably necessary <br /> to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to intentionally <br /> prejudice the rights of WSDOT. <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 a <br /> WSDOT. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in <br /> securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as <br /> requested by WSDOT. <br /> c <br /> Everett Transit Page 9 of 12 <br /> PTD0554 <br /> I- <br /> H <br />