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g. Security For Performance: Ten percent (10%) will be <br /> withheld by the DEPARTMENT from each payment as security <br /> for performance. This amount will be paid upon <br /> completion of the project in a manner satisfactory to <br /> the DEPARTMENT. <br /> h. Mileage And Per Diem: If mileage and per diem are paid, <br /> it shall not be in an amount greater than that allowed <br /> state employees. <br /> 6. DISPUTES <br /> Except as otherwise provided in this grant, any dispute <br /> concerning a question of fact arising under this grant which <br /> is not disposed of by agreement shall be decided by the <br /> DEPARTMENT'S Contract Officer who shall reduce his decision <br /> to writing and furnish a signed copy to the GRANTEE. The <br /> decision of the Contract Officer shall be final and conclu- <br /> sive unless, within thirty (30) days from the receipt of such <br /> copy, the GRANTEE mails or otherwise furnishes to the <br /> Contract Officer a written appeal addressed to the Director <br /> of the DEPARTMENT. The decision of the Director, or duly <br /> authorized representative, for the determination of such <br /> appeals shall be final and conclusive. The GRANTEE does not <br /> hereby waive any right to seek review of the Director's deci- <br /> sion. However, such review shall be sought only in the <br /> Superior Court of Thurston County. Review of the decision of <br /> the Director will not be sought under Chapter 43 .21B RCW. <br /> Pending final decision of a dispute hereunder, the GRANTEE <br /> shall proceed diligently with the performance of the grant <br /> and in accordance with the decision rendered. <br /> 7 . TERMINATION OF GRANT <br /> a. For cause: The obligation of the DEPARTMENT to the <br /> GRANTEE is contingent upon satisfactory performance by <br /> the GRANTEE of all its obligations under this grant. In <br /> the event that the GRANTEE fails to perform any obliga- <br /> tion required of it by this grant, the DEPARTMENT may <br /> refuse to pay any further grant funds thereunder and/or <br /> terminate this grant by giving written notice of such <br /> termination and specifying the effective date thereof, <br /> at least five (5) days before the effective date of such <br /> termination. In that event, all finished or unfinished <br /> documents, data studies, surveys, drawings, maps, <br /> models, photographs, and reports or other materials <br /> prepared by the GRANTEE under this grant shall, at the <br /> option of the DEPARTMENT, become its property and the <br /> GRANTEE shall be entitled to receive just and equitable <br /> compensation for any satisfactory work completed on such <br /> documents and other materials. <br /> 6 <br />