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1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, <br />which under the procedures of this AGREEMENT would have required the <br />approval of WSDOT; <br />2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of <br />America laws, Washington state laws, or local governmental laws under which the <br />CONTRACTOR operates; <br />3. Fails to make reasonable progress on the Project or other violation of this <br />AGREEMENT that endangers substantial performance of the Project; or <br />4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply <br />with, or is in material violation of, any provision of this AGREEMENT. WSDOT <br />shall serve a notice of termination on the CONTRACTOR setting forth the manner <br />in which the CONTRACTOR is in default hereunder. If it is later determined by <br />WSDOT that the CONTRACTOR had an excusable reason for not performing, <br />such as events which are not the fault of or are beyond the control of the <br />CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the <br />CONTRACTOR to continue work after setting up a new delivery of performance <br />schedule, or (b) treat the termination as a termination for convenience. <br /> <br />D. WSDOT, in its sole discretion may, in the case of a termination for breach or default, <br />allow the CONTRACTOR ten (10) business days, or such longer period as determined <br />by WSDOT, in which to cure the defect. In such case, the notice of termination will <br />state the time period in which cure is permitted and other appropriate conditions. If <br />the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default <br />within the timeframe and under the conditions set forth in the notice of termination, <br />WSDOT shall have the right to terminate this AGREEMENT without any further <br />obligation to CONTRACTOR. Any such termination for default shall not in any way <br />operate to preclude WSDOT from also pursuing all available remedies against <br />CONTRACTOR and its sureties for said breach or default. <br /> <br />E. In the event that WSDOT elects to waive its remedies for any breach by <br />CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver <br />by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of <br />any other term, covenant, or condition of this AGREEMENT. <br /> <br />F. If this AGREEMENT is terminated, whether for convenience or for default, before the <br />specified end date set forth in the caption header, “Term of Agreement”, WSDOT and <br />the CONTRACTOR shall execute an amendment to this AGREEMENT identifying the <br />termination date and the reason for termination. <br /> <br />Section 25 <br />Forbearance by WSDOT Not a Waiver <br />Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such <br />right or remedy. <br /> <br /> <br />Everett Transit <br />PTD0946 <br />Page 10 of 14