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4 . <br /> D. WSDOT determines that the continuation of the project would not produce beneficial results <br /> commensurate with the further expenditure of funds; <br /> E. WSDOT, at its sole discretion, determines to accept a request made in writing by the <br /> CONTRACTOR to terminate the AGREEMENT in whole or in part; or <br /> F. WSDOT determines that suspension or termination is in the best interests of the state. <br /> If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this Section, the <br /> CONTRACTOR may be reimbursed only for actual and eligible direct and related indirect <br /> expenses incurred prior to the date of termination, and then only to the extent of appropriated <br /> funds. If this AGREEMENT is terminated under subsection A of this Section, the WSDOT shall <br /> not be obligated to provide any additional reimbursement, and WSDOT shall retain all rights to <br /> seek recapture or damages from the CONTRACTOR. <br /> Section 12 <br /> Forbearance by WSDOT Not a Waiver <br /> Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded <br /> by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> Section 13 <br /> Waiver <br /> In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be <br /> construed as a waiver by WSDOT of any CONTRACTOR breach, or default which and shall in <br /> no way impair or prejudice any right or remedy available to WSDOT with respect to any breach <br /> or default. <br /> Section 14 <br /> Independent Contractor <br /> The CONTRACTOR shall be deemed an independent CONTRACTOR for all purposes, and the <br /> employees of the CONTRACTOR or any of its subcontractors and the employees thereof, shall <br /> not in any manner be deemed to be employees of WSDOT. <br /> Section 15 <br /> WSDOT Advice <br /> The CONTRACTOR bears complete responsibility for the administration and success of the <br /> work as it is defined in this AGREEMENT and any amendments thereto. Although the <br /> CONTRACTOR is allowed to seek the advice of WSDOT, the offering of WSDOT advice shall <br /> not modify the CONTRACTOR's rights and obligations under this AGREEMENT, and WSDOT <br /> shall not be held liable for offering advice to the CONTRACTOR. <br /> Section 16 <br /> Limitation of Liability and Indemnification <br /> No liability shall attach to WSDOT or the CONTRACTOR by reason of entering into this <br /> AGREEMENT, except as expressly provided herein. This AGREEMENT is not intended to <br /> Page 5 of 16 1 6 GCA4579 <br />