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Section 37 <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 38 <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 and Rail Division,or as a designee. <br /> Section 39 <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 40 <br /> Agreement Close Out <br /> The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date set forth in the <br /> caption header,"Term of Project"by written notification and in its capital Quarterly Progress Report,as referenced in <br /> WSDOT's Consolidated Grants Program Guidebook,and any amendments thereto,or the Regional Mobility Grants <br /> Program Guidebook,and any amendments thereto,whichever is applicable for the quarter,in which the project is <br /> completed.WSDOT will prepare an amendment to modify the AGREEMENT to reflect the actual amount spent and <br /> the project completion date.WSDOT will send a close out letter to the CONTRACTOR. <br /> Section 41 <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 below. <br /> WASHINGTON STATE CONTRACTOR <br /> DEPARTMENT OF TRANSPORTATION <br /> 74/?ie ,"s Adf fir bey/eA 12t.->e;-- <br /> Brian Lagerberg,Director Authorized Representative <br /> Public Transportation Division <br /> Title <br /> Print Name <br /> Date Date <br /> GCB2819 Page 11 of 13 <br />