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400..4,„ <br /> a• Washington State Transportation Improvement Board 8-9-938(035)-9 <br /> i V+, Fuel Tax Grant Agreement <br /> amounts are greater than $50,000. If progress billings are not submitted, large payments may <br /> be delayed or scheduled in a payment plan. <br /> 5.0 TERM OF AGREEMENT <br /> This Agreement shall be effective upon execution by TIB and shall continue through closeout of <br /> the grant or until terminated as provided herein, but shall not exceed 10 years unless amended <br /> by the Parties. <br /> 6.0 AMENDMENTS <br /> This Agreement may be amended by mutual agreement of the Parties. Such amendments shall <br /> not be binding unless they are in writing and signed by persons authorized to bind each of the <br /> Parties. <br /> 7.0 ASSIGNMENT <br /> The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this <br /> Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to <br /> assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a <br /> waiver of the RECIPIENT's other rights under this Agreement. <br /> 8.0 GOVERNANCE &VENUE <br /> This Agreement shall be construed and interpreted in accordance with the laws of the state of <br /> Washington and venue of any action brought hereunder shall be in the Superior Court for <br /> Thurston County. <br /> 9.0 DEFAULT AND TERMINATION <br /> 9.1 NON-COMPLIANCE <br /> a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to <br /> comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, <br /> in writing, of the non-compliance. <br /> b) In response to the notice, RECIPIENT shall provide a written response within 10 <br /> business days of receipt of TIB's notice of non-compliance, which should include either a <br /> detailed plan to correct the non-compliance, a request to amend the Project, or a denial <br /> accompanied by supporting details. <br /> c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward <br /> compliance pursuant to its plan to correct or implement its amendment to the Project. <br /> d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and <br /> may withhold further payments or prohibit the RECIPIENT from incurring additional <br /> reimbursable costs during the investigation. <br /> 0.2 DEFAULT <br /> RFC!P!EN may be considered def ! i 1B determines, in its sole discretion, that: <br /> _ E . i Tcc �_; eco in i2.�:�i if 1 I �i�.:r!�. <br /> FuEl ! ggieemei-,t Peg=2of& c ioL'i2Q]2 <br />