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Section 29 <br />Agreement Modifications <br />Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this <br />AGREEMENT must be mutually agreed upon and incorporated by written amendment to this <br />AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless <br />signed by the persons authorized to bind from each of the PARTIES. Provided, however, that <br />changes to the federal award identification number, DUNS, project title, federal ID number, CFDA <br />number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do <br />not affect the Project total cost, will not require a written amendment, but will be approved and <br />documented by WSDOT through an administrative revision. WSDOT shall notify the GRANTEE <br />of the revision in writing. <br /> <br />Section 30 <br />WSDOT Advice <br />The GRANTEE bears complete responsibility for the administration and success of the Project as <br />defined by this AGREEMENT and any amendments thereto. If the GRANTEE solicits advice from <br />WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the <br />responsibility of the GRANTEE for the correct administration and success of the Project, and <br />WSDOT shall not be held liable for offering advice to the GRANTEE. <br /> <br />Section 31 <br />Subrogation <br />A. Prior to Subrogation. WSDOT may require the GRANTEE to take such reasonable action <br />as may be necessary or appropriate to preserve the GRANTEE’s right to recover damages <br />from any person or organization alleged to be legally responsible for injury to the Project <br />Equipment as defined in the scope of work or other property in which WSDOT has a <br />financial interest. <br />B. 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 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 />C. 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 <br />WSDOT due to damage to Project Equipment. The GRANTEE shall attend hearings and <br />trials as requested by WSDOT, assist in securing and giving evidence as requested by <br />WSDOT, and obtain the attendance of witnesses as requested by WSDOT. <br /> <br />Section 32 <br />Counterparts <br />This AGREEMENT may be simultaneously executed in several counterparts, each of which shall <br />be deemed to be an original having identical legal effect. <br /> <br />Section 33 <br />Complete Agreement <br />This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES. <br />No agent or representative of WSDOT or the GRANTEE has the authority to make, and neither <br />WSDOT nor the GRANTEE shall be bound by or be liable for, any statement, representation, <br />promise or agreement not set forth herein or made by written amendment hereto. <br /> <br />City of Everett <br />PTD1019 <br />Page 11 of 13