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9 <br /> • such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No <br /> controversy concerning any covenant or provision shall delay the performance of any other covenant or provision <br /> except as herein allowed. <br /> Section 32 <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, <br /> for and on behalf of the State of Washington, Depaitnnent of Transportation, in the capacity as Director, Public <br /> Transportation and Rail Division,or as a designee. <br /> Section 33 <br /> Binding Agreement <br /> The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective <br /> agency(ies)and or entity(ies)to the obligations set forth herein. <br /> IN WITNESS WHEREOF,the PARTIES hereto have executed this AGREEMENT the day and year signed last <br /> below. <br /> WASHINGTON STATE CITY OF EVERETT <br /> DEPARTMENT OF TRANSPORTATION <br /> By: <br /> Brian Lagerberg,Director Ray Stephanson <br /> Public Transportation Division Mayor <br /> Date: <br /> Date: <br /> Attest: <br /> Sharon Marks <br /> City Clerk <br /> Date: <br /> APPROVED AS TO FORM Approved as to form only: <br /> By: Susan Cruise <br /> Assistant Attorney General James D.Iles <br /> City Attorney <br /> Date: June 7,2011 Date: <br /> GCA6818 33 Page 8 of 9 <br />