Laserfiche WebLink
B. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall <br />reimburse the GRANTEE for all costs payable under this AGREEMENT that the GRANTEE <br />properly incurred prior to termination. The GRANTEE shall promptly submit its claim for <br />reimbursement to WSDOT. If the GRANTEE has any property in its possession belonging to <br />WSDOT, the GRANTEE will account for the same, and dispose of it in the manner WSDOT <br />directs. <br /> <br />C. 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 <br />of the requirements of this AGREEMENT, including: <br /> <br />1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which <br />under the procedures of this AGREEMENT would have required the approval of WSDOT; <br />2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America <br />laws, Washington state laws, or local governmental laws under which the GRANTEE <br />operates; <br />3. Fails to make reasonable progress on the Project or violates this AGREEMENT in a way <br />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 with, or is <br />in material violation of, any provision of this AGREEMENT. WSDOT shall serve a notice <br />of termination on the GRANTEE setting forth the manner in which the GRANTEE is in <br />default hereunder. If it is later determined by WSDOT that the GRANTEE had an <br />excusable reason for not performing, such as events which are not the fault of or are <br />beyond the control of the GRANTEE, such as a strike, fire or flood, WSDOT may: (a) allow <br />the GRANTEE to continue work after setting up a new delivery of performance schedule, <br />or (b) treat the termination as a termination for convenience. <br /> <br />D. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the <br />GRANTEE ten (10) business days, or such longer period as determined by WSDOT, in which <br />to cure the defect. In such case, the notice of termination will state the time period in which <br />cure is permitted and other appropriate conditions. If the GRANTEE fails to remedy to <br />WSDOT's satisfaction the breach or default within the timeframe and under the conditions set <br />forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT <br />without any further obligation to the GRANTEE. Any such termination for default shall not in <br />any way operate to preclude WSDOT from also pursuing all available remedies against the <br />GRANTEE and its sureties for said breach or default. <br /> <br />E. In the event that WSDOT elects to waive its remedies for any breach by the 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 />F. If this AGREEMENT is terminated, whether for convenience or for default, before the specified <br />end date set forth in the caption header, “Term of Agreement”, WSDOT and the GRANTEE <br />shall execute an amendment to this AGREEMENT identifying the termination date and the <br />reason for termination. <br /> <br />City of Everett <br />PTD1019 <br />Page 9 of 13