Laserfiche WebLink
9 <br /> This decision shall be final and conclusive unless within ten(10) days from the date of CONTRACTOR's receipt of <br /> WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the <br /> Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing <br /> by the Director of the Public Transportation Division within thirty(30)days of receipt of the appeal by the Director of <br /> the Public Transportation Division or the Director's designee.The decision shall be binding upon the CONTRACTOR <br /> and the CONTRACTOR shall abide by the decision. <br /> B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue <br /> performance under this AGREEMENT while matters in dispute are being resolved. <br /> C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person,property,or <br /> right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for <br /> whose acts it is legally liable, a claim for damages therefore shall be made in writing-to such other PARTY within <br /> thirty(30)days after the first observance of such injury or damage. <br /> D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right <br /> or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or <br /> successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the <br /> PAR HES hereto.No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right <br /> or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an <br /> approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. <br /> Section 20 <br /> State and Local Law <br /> Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall <br /> require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any <br /> other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this <br /> AGREEMENT violate state or local law, or would require the CONTRACTOR to violate state or local law, the <br /> CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the <br /> CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously,terminate the <br /> Project. <br /> Section 21 <br /> Termination <br /> A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or tenninate this <br /> AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by <br /> written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT <br /> termination provisions including but not limited to the settlement terms, conditions, and in the case of partial <br /> termination the portion to be terminated. Written notification must set forth the reasons for such termination, the <br /> effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial <br /> termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which <br /> the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT <br /> for convenience for reasons including,but not limited to,the following: <br /> 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; <br /> 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial <br /> results commensurate with the further expenditure of funds; <br /> 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of <br /> the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the <br /> President or Governor of the State with respect to the preservation of energy resources; <br /> 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, <br /> special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such <br /> order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; <br /> or <br /> 5. The State Government determines that the purposes of the statute authorizing the Project would not be <br /> adequately served by the continuation of financial assistance for the Project; <br /> 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the <br /> CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to <br /> termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the <br /> CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the <br /> same,and dispose of it in the manner WSDOT directs. <br /> GCA6818 30 Page 5 of 9 <br />