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limited to the settlement terms, conditions, and in the case of partial termination the portion <br />to be terminated. Written notification must set forth the reasons for such termination, the <br />effective date, and in case of a partial termination the portion to be terminated. However, <br />if, in the case of partial termination, WSDOT determines that the remaining portion of the <br />award will not accomplish the purposes for which the award was made, WSDOT may <br />terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for <br />convenience for reasons including, but not limited to, the following: <br />1. The requisite funding becomes unavailable through failure of appropriation or <br />otherwise; <br />2. WSDOT determines, in its sole discretion, that the continuation of the Project would <br />not produce beneficial results commensurate with the further expenditure of funds; <br />3. The GRANTEE is prevented from proceeding with the Project as a direct result of <br />an Executive Order of the President with respect to the prosecution of a war or in <br />the interest of national defense; or an Executive Order of the President or Governor <br />of the state with respect to the preservation of energy resources; <br />4. The GRANTEE is prevented from proceeding with the Project by reason of a <br />temporary preliminary, special, or permanent restraining order or injunction of a <br />court of competent jurisdiction where the issuance of such order or injunction is <br />primarily caused by the acts or omissions of persons or agencies other than the <br />GRANTEE; or <br />5. The state Government determines that the purposes of the statute authorizing the <br />Project would not be adequately served by the continuation of financial assistance <br />for the Project. <br />6. In the case of termination for convenience under subsections A.1-5 above, <br />WSDOT shall reimburse the GRANTEE for all costs payable under this <br />AGREEMENT that the GRANTEE properly incurred prior to termination. The <br />GRANTEE shall promptly submit its claim for reimbursement to WSDOT. If the <br />GRANTEE has any property in its possession belonging to WSDOT, the <br />GRANTEE will account for the same and dispose of it in the manner WSDOT <br />directs. <br />B. 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 herein, <br />at any time by written notice to the GRANTEE, if the GRANTEE materially breaches or <br />fails to perform any of the requirements of this AGREEMENT, including: <br />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 />GRANTEE 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 violation of, any provision of this AGREEMENT. <br />5. WSDOT shall serve a notice of termination on the GRANTEE, setting forth the <br />manner in which the GRANTEE is in default. If it is later determined by WSDOT <br />that the GRANTEE had an excusable reason for not performing, such as events <br />which are not the fault of or are beyond the control of the GRANTEE, such as a <br />strike, fire or flood, WSDOT may: (a) allow the GRANTEE to continue work after <br />setting up a new delivery of performance schedule, or (b) treat the termination as <br />a termination for convenience. <br />City of Everett <br />PTD1210 <br />Page 8 of 11