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Section 33 <br /> Subrogation <br /> A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to <br /> preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury <br /> to the Project or other property in which WSDOT has a financial interest. <br /> B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or <br /> organization for loss,to the extent of WSDOT's loss.Upon assignment,the CONTRACTOR shall execute,deliver,and do whatever <br /> else necessary to secure WSDOT's rights.The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. <br /> C. Duties of the Contractor. If WSDOT has exercised its right of subrogation,the CONTRACTOR shall cooperate with WSDOT <br /> and, upon WSDOT's request,assist in the prosecution of suits and enforce any right against any person or organization who may be <br /> liable to WSDOT due to damage to the Project.The CONTRACTOR shall attend hearings and trials, assist in securing and giving <br /> eyidence,and obtain the attendance of witnesses. <br /> Section 34 <br /> Severability <br /> If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or <br /> obligation of performance of any other covenant or provision,or any part thereof,which in itself is valid if such remainder conforms <br /> to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or <br /> provision shall delay the performance of any other covenant or provision except as herein allowed. <br /> Section 35 <br /> Counterparts <br /> This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original <br /> having identical legal effect.The CONTRACTOR does hereby ratify and adopt all statements,representations,warranties,covenants, <br /> and agreements and their supporting materials contained and/or mentioned herein,and does hereby accept WSDOT's grant and agrees <br /> to all of the terms and conditions thereof. <br /> Section 36 <br /> Complete Agreement <br /> This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of <br /> WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or <br /> agreement not set forth herein or made by written amendment hereto. <br /> Section 37 <br /> Execution <br /> This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of <br /> Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by,for and on <br /> behalf of the State of Washington, Department of Transportation,in the capacity as Director,Public Transportation Division,or as a <br /> designee. <br /> Everett Transit/GCA 6116 Page 10 <br /> 19 <br />