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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 />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 />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 />vehicle fund and used for a motor vehicle purpose. <br />12.0 INCREASE OR DECREASE IN TIB GRANT FUNDS <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 />13.0 INDEPENDENT CAPACITY <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 />14.0 INDEMNIFICATION AND HOLD HARMLESS <br />The PARTIES agree to the following: <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 />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 />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