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Section 24 <br />Termination <br />A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or <br />terminate this AGREEMENT, in whole or in part, and all or any part of the financial <br />assistance provided herein, at any time by written notice to the other PARTY. WSDOT <br />and the CONTRACTOR shall agree upon the AGREEMENT termination provisions <br />including but not limited to the settlement terms, conditions, and in the case of partial <br />termination the portion to be terminated. Written notification must set forth the reasons <br />for such termination, the effective date, and in case of a partial termination the portion <br />to be terminated. However if, in the case of partial termination, WSDOT determines <br />that the remaining portion of the award will not accomplish the purposes for which the <br />award was made, WSDOT may terminate the award in its entirety. The PARTIES may <br />terminate this AGREEMENT for convenience for reasons including, but not limited to, <br />the following: <br />1. The requisite funding becomes unavailable through the failure of appropriation <br />or otherwise; <br />2. WSDOT determines, in its sole discretion, that the continuation of the Project <br />would not produce beneficial results commensurate with the further <br />expenditure of funds; <br />3. The CONTRACTOR is prevented from proceeding with the Project as a direct <br />result of an Executive Order of the President with respect to the prosecution of <br />a war or in the interest of national defense; or an Executive Order of the <br />President or Governor of the State with respect to the preservation of energy <br />resources; <br />4. The CONTRACTOR is prevented from proceeding with the Project by reason <br />of a temporary preliminary, special, or permanent restraining order or injunction <br />of a court of competent jurisdiction where the issuance of such order or <br />injunction is primarily caused by the acts or omissions of persons or agencies <br />other than the CONTRACTOR; or <br />5. The State Government determines that the purposes of the statute authorizing <br />the Project would not be adequately served by the continuation of financial <br />assistance for the Project; <br />B. In the case of termination for convenience under subsections A.1-5 above, WSDOT <br />shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that <br />the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall <br />promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has <br />any property in its possession belonging to WSDOT, the CONTRACTOR will account <br />for the same, and dispose of it in the manner WSDOT directs. <br /> <br />C. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for <br />default, 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 CONTRACTOR, if the CONTRACTOR <br />materially breaches or fails to perform any of the requirements of this AGREEMENT, <br />including: <br /> <br />City of Everett <br />PTD0947 <br />Page 9 of 14