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Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in <br />whole or in part, and all or any part of the financial assistance provided herein, at any time by <br />written notice to the GRANTEE, if the GRANTEE materially breaches or fails to perform any of <br />the requirements of this AGREEMENT, including: <br />7. Take 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 />8. 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 />9. Failure to perform the Project or any part thereof including, but not limited to: <br />a) Failure to build the Project according to the design specifications <br />and all applicable building code required standards. <br />b) Failure to remedy all material defects in the performance of the Project <br />and correct all faulty workmanship by the GRANTEE or its contractors <br />and subcontractors in a timely manner. <br />c) Failure to take any necessary and reasonable action which could affect the <br />ability of the Project to perform its designated function or takes any action <br />which could shorten its useful life for Project use or otherwise. <br />d) Failure to make reasonable and appropriate use of the Project’s real <br />property, facilities, equipment, and/or infrastructure. <br />10. Fails to make reasonable progress on the Project or other violation of this <br />AGREEMENT that endangers substantial performance of the Project. <br /> <br />11. Fails to perform in the manner called for in this AGREEMENT, or fails to comply <br />with or, is in material violation of, any provision of this AGREEMENT. WSDOT <br />shall serve a notice of termination on the GRANTEE setting forth the manner in <br />which the GRANTEE is in default hereunder. 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 /> <br />B. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow <br />the GRANTEE ten (10) business days, or such longer period as determined by WSDOT, in <br />which to cure the defect. In such cases, the notice of termination will state the time period <br />in which cure is permitted and other appropriate conditions. If the GRANTEE fails to <br />remedy to WSDOT's satisfaction the breach or default within the timeframe and under the <br />conditions set forth in the notice of termination, WSDOT shall have the right to terminate <br />this AGREEMENT without any further obligation to GRANTEE. Any such termination for <br />default shall not in any way operate to preclude WSDOT from also pursuing all available <br />remedies against GRANTEE and its sureties for said breach or default. <br /> <br />C. In the event that WSDOT elects to waive its remedies for any breach by GRANTEE of any <br />covenant, term, or condition of this AGREEMENT, such waiver by WSDOT shall not limit <br />WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or <br />condition of this AGREEMENT. <br /> <br />Everett Transit <br />PTD1163 <br />18 of 25