Wash State Department of Transportation 10/30/2017

deliver,and do whatever else necessary to secure WSDOT's rights.The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and,upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 28 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect.The CONTRACTOR does hereby ratify and adopt all statements,representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 29 Complete Agreement This document contains all covenants,stipulations,and provisions agreed upon by WSDOT.No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement,representation, promise or agreement not set forth herein or made by written amendment hereto. Section 30 Severability If any covenant or provision of this AGREEMENT shall be adjudged void,such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 31 Order of Precedence Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving documents precedence in the following order: 1. Federal law 2. Exhibit II,Federal Provisions, if applicable 3. State law 4. This AGREEMENT 5. Exhibit I Section 32 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director's designee,not as an individual incurring personal obligation and liability,but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division,or as a designee. Section 33 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies)and or entity(ies)to the obligations set forth herein. This space is intended to be blank. GCB2766 Page 8 of 10