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Section 38 <br />WSDOT Advice <br />The CONTRACTOR bears complete responsibility for the administration and success of the work <br />as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR <br />may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the <br />CONTRACTOR’s rights and obligations under this AGREEMENT and WSDOT shall not be held <br />liable for any advice offered to the CONTRACTOR. <br />Section 39 <br />Venue and Process <br />In the event that either PARTY deems it necessary to institute legal action or proceedings to <br />enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such <br />action shall be initiated in the Superior Court of the State of Washington situated in Thurston <br />County. The PARTIES agree that the laws of the State of Washington shall apply. <br />Section 40 <br />Subrogation <br />A.Prior to Subrogation. WSDOT may require the CONTRACTOR to take such reasonable action <br />as may be necessary or appropriate to preserve the CONTRACTOR’s right to recover damages <br />from any person or organization alleged to be legally responsible for injury to the Project <br />Equipment as defined in the scope of work or other property in which WSDOT has a financial <br />interest. <br />B.Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery <br />against any person or organization for loss, to the extent of WSDOT’s loss. Upon assignment, the <br />CONTRACTOR shall execute, deliver, and do whatever else reasonably necessary to secure <br />WSDOT’s rights. The CONTRACTOR shall do nothing after any loss to intentionally prejudice the <br />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 <br />to WSDOT due to damage of Project Equipment. The CONTRACTOR shall attend hearings and <br />trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, <br />and obtain the attendance of witnesses as requested by WSDOT. <br />Section 41 <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 part <br />thereof, that 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 />City of Everett <br />PTD0834 <br />Page 12 of 14