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Washington State Transportation Improvement Board C-P-138(002)-1 <br />Grant Agreement <br />Fuel Tax Agreement October 2025 <br />9.0 GOVERNANCE & VENUE <br />This Agreement shall be construed and interpreted in accordance with the laws of the state of <br />Washington and venue of any action brought hereunder shall be in the Superior Court for <br />Thurston County. <br />10.0 DEFAULT AND TERMINATION <br />10.1 NON-COMPLIANCE <br />a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to <br />comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, <br />in writing, of the non-compliance. <br /> <br />b) In response to the notice, RECIPIENT shall provide a written response within 10 <br />detailed plan to correct the non-compliance, a request to amend the Project, or a denial <br />accompanied by supporting details. <br /> <br />c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward <br />compliance pursuant to its plan to correct or implement its amendment to the Project. <br /> <br />d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and <br />may withhold further payments or prohibit the RECIPIENT from incurring additional <br />reimbursable costs during the investigation. <br /> <br />10.2 DEFAULT <br />RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: <br /> <br />a) RECIPIENT is not making reasonable progress toward correction and <br /> compliance. <br /> <br />TIB reserves the right to order RECIPIENT to immediately stop work on the Project and <br />TIB may stop Project payments until the requested corrections have been made or the <br />Agreement has been terminated. <br />10.3 TERMINATION <br />a) In the event of default by the RECIPIENT as determined pursuant to Section <br />10.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, <br />which shall be served in person, by email or by certified letter. Upon service of notice of <br />termination, the RECIPIENT shall immediately stop work and/or take such action as may <br />be directed by TIB. <br /> <br />b) In the event of default and/or termination by either PARTY, the RECIPIENT may <br />be liable for damages as authorized by law including, but not limited to, repayment of <br />grant funds. <br /> <br />c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive <br />and are in addition to any other rights and remedies provided by law. <br />