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Section 28 <br />Changed Conditions Affecting Performance <br />The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or <br />law, or of any other event, which may affect its ability to perform the Project in accordance with <br />the provisions of this AGREEMENT. <br />Section 29 <br />Remedies for Misuse or Noncompliance. <br />If WSDOT determines that the funds have been used in a manner materially different from <br />Section 1, WSDOT may direct the CONTRACTOR to repay WSDOT the State-funded share of <br />the Project. WSDOT may also withhold payments should it determine that the CONTRACTOR <br />has failed to materially comply with any provision of this AGREEMENT. <br />Section 30 <br />Disputes <br />A. Disputes. Disputes, arising in the performance of this AGREEMENT, which is not resolved by <br />agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation <br />Division’s Assistant Director or Designee. This decision shall be final and conclusive unless within <br />ten (10) days from the date of the CONTRACTOR’S receipt of WSDOT’s written decision, the <br />CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public <br />Transportation Division or the Director’s designee. The CONTRACTOR’s appeal shall be decided <br />in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of <br />the 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 <br />decision. <br />B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall <br />continue performance under this AGREEMENT while matters in dispute are being resolved. <br />Section 31 <br />Termination <br />A.Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate <br />this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided <br />herein, at any time by written notice to the other PARTY. In the case of partial termination WSDOT <br />and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but <br />not limited to the settlement terms, and conditions. Written notification must set forth the reasons <br />for such termination, the effective date, and in case of a partial termination the portion to be <br />terminated. However, if in the case of partial termination, WSDOT determines that the remaining <br />portion of the award will not accomplish the purposes for which the award was made, WSDOT <br />may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for <br />convenience for reasons including, but not limited to, the following: <br />1. The requisite funding becomes unavailable through failure of appropriation or otherwise; <br />2. WSDOT determines, in its sole discretion, that the continuation of the Project would not <br />produce beneficial results commensurate with the further expenditure of funds; <br />3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an <br />Executive Order of the President with respect to the prosecution of a war or in the interest <br />City of Everett <br />PTD0834 <br />Page 8 of 14