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Washington State Transportation Improvement Board 8-1-116(013)-1 <br />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 />9.2 DEFAULT <br />RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: <br />Fuel Tax Agreement Page 2 of 5 November 2012 <br />36 <br />