Laserfiche WebLink
deliver,and do whatever else necessary to secure WSDOT's rights.The CONTRACTOR shall do nothing after any loss <br /> to prejudice the rights of WSDOT. <br /> C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall <br /> cooperate with WSDOT and,upon WSDOT's request, assist in the prosecution of suits and enforce any right against <br /> any person or organization who may be liable to WSDOT. The CONTRACTOR shall attend hearings and trials as <br /> requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of <br /> witnesses as requested by WSDOT. <br /> Section 28 <br /> Counterparts <br /> This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an <br /> original having identical legal effect.The CONTRACTOR does hereby ratify and adopt all statements,representations, <br /> warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does <br /> hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. <br /> Section 29 <br /> Complete Agreement <br /> This document contains all covenants,stipulations,and provisions agreed upon by WSDOT.No agent or representative <br /> of WSDOT has authority to make,and WSDOT shall not be bound by or be liable for, any statement,representation, <br /> promise or agreement not set forth herein or made by written amendment hereto. <br /> Section 30 <br /> Severability <br /> If any covenant or provision of this AGREEMENT shall be adjudged void,such adjudication shall not affect the validity <br /> or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such <br /> 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 except <br /> as herein allowed. <br /> Section 31 <br /> Order of Precedence <br /> Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving documents <br /> precedence in the following order: <br /> 1. Federal law <br /> 2. Exhibit II,Federal Provisions,if applicable <br /> 3. State law <br /> 4. This AGREEMENT <br /> 5. Exhibit I <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, Department of Transportation, in the capacity as Director, Public <br /> Transportation 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 /> This space is intended to be blank. <br /> GCB2766 7 5 Page 8 of 10 <br />