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Section 28 <br />Agreement Modifications <br />A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope <br />of Work and Budget. Such changes that are mutually agreed upon shall be incorporated <br />as written amendments to this AGREEMENT. No variation or alteration of the terms of <br />this AGREEMENT shall be valid unless made in writing and signed by authorized <br />representatives of the PARTIES. However, changes to the Project title, the contact person <br />of either PARTY, biennial adjustments with no impact to the overall project cost, or adding <br />the Administrative Work Plan, will not require a written amendment, but will be approved <br />and documented by WSDOT through an administrative revision or documentation in the <br />Grants Management System. WSDOT shall notify the GRANTEE of any such approved <br />revision in writing. <br />B. If there is an increase or decrease in funding under this AGREEMENT, the GRANTEE and <br />WSDOT agree to enter into a written amendment to this AGREEMENT, providing for an <br />appropriate change in the Scope of Work and Budget and/or the Total Project Cost in order <br />to reflect any such increase in funding. <br />Section 29 <br />Changed Conditions Affecting Performance <br />The GRANTEE hereby agrees to immediately notify WSDOT of any change in conditions or law, <br />or of any other event which may affect its ability to perform the Project in accordance with the <br />provisions of this AGREEMENT. <br />Section 30 <br />Remedies for Misuse or Noncompliance. <br />If WSDOT determines that the Project has been used in a manner materially different from Section <br />1, WSDOT may direct the GRANTEE to repay WSDOT the State-funded share of the Project. <br />WSDOT may also withhold payments should it determine that the GRANTEE has failed to <br />materially comply with any provision of this AGREEMENT. <br />Section 31 <br />Disputes <br />A. Disputes. Disputes, arising in the performance of this AGREEMENT, which is not resolved <br />by agreement of the PARTIES, shall be decided in writing by the WSDOT Public <br />Transportation Division’s Assistant Director or Designee. This decision shall be final and <br />conclusive unless within ten (10) days from the date of GRANTEE’S receipt of WSDOT’s <br />written decision, the GRANTEE mails or otherwise furnishes a written appeal to the <br />Director of the Public Transportation Division or the Director’s designee. The GRANTEE’s <br />appeal 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 Transportation <br />Division or the Director’s designee. The decision shall be binding upon the GRANTEE, <br />and the GRANTEE shall abide by the decision. <br />B. Performance During Dispute. Unless otherwise directed by WSDOT, GRANTEE shall <br />continue performance under this AGREEMENT while matters in dispute are being <br />resolved. <br />Section 32 <br />Termination <br />A. Termination for Convenience. WSDOT and/or the GRANTEE may suspend or terminate <br />this AGREEMENT, in whole or in part, and all or any part of the financial assistance <br />provided herein, at any time by written notice to the other PARTY. WSDOT and the <br />GRANTEE shall agree upon the AGREEMENT termination provisions including but not <br />City of Everett <br />PTD1210 <br />Page 7 of 11