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Washington State Transportation Improvement Board C-P-138(002)-1
<br />Grant Agreement
<br />Fuel Tax Agreement October 2025
<br />10.4 TERMINATION FOR NECESSITY
<br />
<br />TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
<br />because funds are no longer available for the purpose of meeting TIB’s obligations. If
<br />this Agreement is so terminated, TIB shall be liable only for payment required under this
<br />Agreement for performance rendered or costs incurred prior to the effective date of
<br />termination.
<br />
<br />11.0 USE OF TIB GRANT FUNDS
<br />
<br />TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any
<br />use of these funds for anything other than highway or roadway system improvements is
<br />prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in
<br />Section 10. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is
<br />subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor
<br />vehicle fund and used for a motor vehicle purpose.
<br />
<br />12.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
<br />
<br />At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
<br />payable TIB funds for the specific project. Requests must be made in writing and will be
<br />considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
<br />made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an
<br />increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum
<br />amount payable by TIB. In the event that final costs related to the specific project are less than
<br />the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that
<br />maintains the intended ratio between TIB funds and total project costs, as described in Section
<br />1.0 of this Agreement.
<br />
<br />13.0 INDEPENDENT CAPACITY
<br />
<br />The RECIPIENT shall be deemed an independent contractor for all purposes and the
<br />employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
<br />shall not in any manner be deemed employees of TIB.
<br />
<br />14.0 INDEMNIFICATION AND HOLD HARMLESS
<br />
<br />The PARTIES agree to the following:
<br />
<br />Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
<br />officers, officials, employees, and agents, while acting within the scope of their employment as
<br />such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
<br />any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
<br />connection with its performance under this Agreement. No PARTY will be required to
<br />indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
<br />death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
<br />suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
<br />provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
<br />Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
<br />demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
<br />this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
<br />other PARTY only, any immunity that would otherwise be available to it against such claims
<br />under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
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