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Section 22 <br />Remedies for Misuse or Noncompliance. <br />If WSDOT determines that the Project has been used in a manner materially different <br />from Section 1- Scope of Work, WSDOT may direct the CONTRACTOR to repay <br />WSDOT the State-funded share of the Project. WSDOT may also withhold payments <br />should it determine that the CONTRACTOR has failed to materially comply with any <br />provision of this AGREEMENT. <br /> <br /> <br />Section 23 <br />Disputes <br />A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are <br />not resolved by agreement of the PARTIES, shall be decided in writing by the <br />WSDOT Public Transportation Division Assistant Director or designee. This <br />decision shall be final and conclusive unless within ten (10) days from the date of <br />the CONTRACTOR’s receipt of WSDOT’s written decision, the CONTRACTOR <br />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 <br />shall be decided in writing by the Director of the Public Transportation Division <br />within thirty (30) days of receipt of the appeal by the Director of the Public <br />Transportation Division or the Director’s designee. The decision shall be binding <br />upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. <br /> <br />B. Performance During Dispute. Unless otherwise directed by WSDOT, <br />CONTRACTOR shall continue performance under this AGREEMENT while <br />matters in dispute are being resolved. <br /> <br />C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or <br />damage to person, property, or right because of any act or omission of the other <br />PARTY or any of that PARTY’s employees, agents or others for whose acts it is <br />legally liable, a claim for damages therefore shall be made in writing to such other <br />PARTY within thirty (30) days after the first observance of such injury or damage. <br /> <br />D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct <br />and cumulative to any other right or remedy under this document or afforded by <br />law or equity, and may be exercised independently, concurrently, or successively <br />and shall not be construed to be a limitation of any duties, obligations, rights and <br />remedies of the PARTIES hereto. No action or failure to act by WSDOT or <br />CONTRACTOR shall constitute a waiver of any right or duty afforded any of them <br />under this AGREEMENT, nor shall any such action or failure to act constitute an <br />approval of or acquiescence in any breach thereunder, except as may be <br />specifically agreed in writing. <br /> <br /> <br />City of Everett <br />PTD0947 <br />Page 8 of 14