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<br />Section 28 <br />Agreement Modifications <br />Either PARTY may request changes to this AGREEMENT. Any changes to the terms of <br />this AGREEMENT must be mutually agreed upon and incorporated by written <br />amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall <br />not be binding or valid unless signed by the persons authorized to bind from each of the <br />PARTIES. Provided, however, that changes to the federal award identification number, <br />DUNS, project title, federal ID number, CFDA number, milestones, PIN the contact person <br />of either PARTY, or dollar amount changes that do not affect the Project total cost, will <br />not require a written amendment, but will be approved and documented by WSDOT <br />through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision <br />in writing. <br /> <br />Section 29 <br />WSDOT Advice <br />The CONTRACTOR bears complete responsibility for the administration and success of <br />the Project as defined by this AGREEMENT and any amendments thereto. If the <br />CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of <br />WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct <br />administration and success of the Project, and WSDOT shall not be held liable for offering <br />advice to the CONTRACTOR. <br /> <br />Section 30 <br />Venue and Process <br />In the event that either PARTY deems it necessary to institute legal action or proceedings <br />to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree <br />that any such action shall be initiated in the Superior Court of the State of Washington <br />situated in Thurston County. The PARTIES agree that the laws of the State of Washington <br />shall apply. <br /> <br />Section 31 <br />Subrogation <br />A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such <br />reasonable action as may be necessary or appropriate to preserve the <br />CONTRACTOR’s right to recover damages from any person or organization <br />alleged to be legally responsible for injury to the Project Equipment as defined in <br />the scope of work or other property in which WSDOT has a financial interest. <br />B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all <br />rights of recovery against any person or organization for loss, to the extent of <br />WSDOT’s loss. Upon assignment, the CONTRACTOR shall execute, deliver, and <br />do whatever else reasonably necessary to secure WSDOT’s rights. The <br />CONTRACTOR shall do nothing after any loss to intentionally prejudice the rights <br />of WSDOT. <br />Everett Transit <br />PTD0946 <br />Page 12 of 14