Laserfiche WebLink
D.Rights and Remedies. All remedies provided in this AGREEMENT are distinct and <br />cumulative to any other right or remedy under this document or afforded by law or equity, <br />and may be exercised independently, concurrently, or successively and shall not be <br />construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES <br />hereto. No action or failure to act by WSDOT or GRANTEE shall constitute a waiver of any <br />right or duty afforded any of them under this AGREEMENT, nor shall any such action or <br />failure to act constitute an approval of or acquiescence in any breach thereunder, except <br />as may be specifically agreed in writing. <br />Section 33 <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 />limited to the settlement terms and conditions, and in the case of partial termination the <br />portion to be terminated. Written notification must set forth the reasons for such <br />termination, the effective date, and in case of a partial termination the portion to be <br />terminated. However, if, in the case of partial termination, WSDOT determines that the <br />remaining portion of the award will not accomplish the purposes for which the award was <br />made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this <br />AGREEMENT for convenience for reasons including, but not limited to, any of 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 GRANTEE is prevented from proceeding with the Project as a direct result <br />of an Executive Order of the President with respect to the prosecution of a war <br />or in the interest of national defense; or an Executive Order of the President <br />or Governor of the State with respect to the preservation of energy resources. <br />4.The GRANTEE is prevented from proceeding with the Project because of a <br />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 GRANTEE. <br />5.The State Government or WSDOT determines that the purposes of the statute <br />authorizing the Project would not be adequately served by the continuation of <br />financial assistance 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 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 />Everett Transit <br />PTD1163 <br />17 of 25