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Section 29 <br />Forbearance by WSDOT Not a Waiver <br />Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such <br />right or remedy. <br />Section 30 <br />Lack of Waiver <br />In no event shall any WSDOT payment of funds to the GRANTEE constitute or be <br />construed as a waiver by WSDOT of any GRANTEE breach, or default. Such payment <br />shall in no way impair or prejudice any right or remedy available to WSDOT with respect <br />to any breach or default. <br />Section 31 <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 amendment <br />to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding <br />or valid unless signed by persons authorized to bind each of the PARTIES. Provided, <br />however, that changes to the federal award identification number, DUNS, project title, <br />federal ID number, CFDA number, milestones, UPIN the contact person of either PARTY, <br />or dollar amount changes that do not affect the Project total cost, will not require a written <br />amendment, but will be approved and documented by WSDOT through an administrative <br />revision. WSDOT shall notify the GRANTEE of the revision in writing. <br />Section 32 <br />Disputes <br />A.Disputes. Disputes, arising in the performance of this AGREEMENT, which are not <br />resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT <br />Division’s Assistant Director or designee. This decision shall be final and conclusive unless <br />within ten (10) days from the date of GRANTEE’S receipt of WSDOT’s written decision, <br />the GRANTEE mails or otherwise furnishes a written appeal to the Director of the WSDOT <br />Public Transportation Division or the Director’s designee. The GRANTEE’s appeal shall <br />be decided in writing by the Director of the WSDOT Public Transportation Division within <br />thirty (30) days of receipt of the appeal by the Director of the WSDOT Public Transportation <br />Division or the Director’s designee. The decision shall be binding upon the GRANTEE, and <br />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 />C.Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage <br />to person, property, or right because of any act or omission of the other PARTY or any of <br />that PARTY’s employees, agents or others for whose acts it is legally liable, a claim for <br />damages therefore shall be made in writing to such other PARTY within thirty (30) days <br />after the first observance of such injury or damage. <br />Everett Transit <br />PTD1163 <br />16 of 25