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Section 34 <br />Venue and Process <br />In the event either PARTY deems it necessary to institute legal action or proceeding to <br />enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that <br />any such action shall be initiated in the Superior Court of the State of Washington situated <br />in Thurston County. The PARTIES agree that the laws of the State of Washington shall <br />apply. <br /> <br />Section 35 <br />Changed Conditions Affecting Performance <br />The GRANTEE hereby agrees to immediately notify WSDOT in writing of any change in <br />conditions or law, or of any other event, including any current or prospective dispute, which <br />may adversely affect WSDOT’s interest in the Project or affect the GRANTEE’s ability to <br />perform the Project in accordance with the provisions of this AGREEMENT. <br /> <br />Section 36 <br />Subrogation <br />A. Subrogation. WSDOT may require the GRANTEE to assign to WSDOT all rights of <br />recovery against any person or organization for loss, to the extent of WSDOT’s loss. Upon <br />assignment, the GRANTEE shall execute, deliver, and do whatever else is reasonably <br />necessary to secure WSDOT’s rights. The GRANTEE shall do nothing after any loss to <br />intentionally prejudice the rights of WSDOT. <br /> <br />B. Duties of the GRANTEE. If WSDOT has exercised its right of subrogation, the GRANTEE <br />shall cooperate with WSDOT and, upon WSDOT’s request, assist in the prosecution of <br />suits and enforce any right against any person or organization who may be liable to WSDOT <br />due to damage of Project Equipment. The GRANTEE shall attend hearings and trials as <br />requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, <br />and obtain the attendance of witnesses as requested by WSDOT. <br /> <br />Section 37 <br />Severability <br />If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication <br />shall not affect the validity or obligation of performance of any other covenant or provision, <br />or any part thereof, which in itself is valid if such remainder conforms to the terms and <br />requirements of applicable law and the intent of this AGREEMENT. No controversy <br />concerning any covenant or provision shall delay the performance of any other covenant <br />or provision except as herein allowed. <br /> <br />Section 38 <br />Counterparts <br />This AGREEMENT may be simultaneously executed in several counterparts, each of <br />which shall be deemed to be an original having identical legal effect. <br /> <br />Section 39 <br />Complete Agreement <br />This document contains all covenants, stipulations, and provisions agreed upon by the <br />PARTIES. No agent or representative of WSDOT or the GRANTEE has authority to make, <br />and neither WSDOT nor the GRANTEE shall be bound by or be liable for, any statement, <br />representation, promise or agreement not set forth herein or made by written amendment <br />hereto. <br />Everett Transit <br />PTD1163 <br />19 of 25