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} Washington State Transportation Improvement Board C-E-930(009)-9 <br />Complete Streets Award Grant Agreement <br />8. TERM OF AGREEMENT <br />This Agreement shall be effective upon execution by the Parties and shall continue through <br />closeout of the grant amount, or amendment thereof, or unless terminated as provided herein, <br />In no event shall the Agreement term exceed three years, unless extended by Agreement <br />amendment pursuant to Section 14. <br />9- NON-COMPLIANCE DEFAULT AND TERMINATION <br />9.1 NON-COMPLIANCE <br />a) In the event TO determines, in its sole discretion, the RECIPIENT has failed to <br />comply with the terms and conditions of this Agreement and applicable rules under <br />WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENT's <br />non-compliance. <br />b) RECIPIENT shall provide a written response within ten (10) business days of receipt <br />of TIB's notice of non-compliance, which shall include either a detailed plan to <br />correct the non-compliance, a request to amend the Project work plan, or a denial <br />accompanied by supporting documentation. An agreement to amend the Project <br />work plan must be pursuant to Section14. <br />c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward <br />compliance pursuant to its Project work plan to correct or implement an amendment <br />to the Project work plan. <br />d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in <br />its sole discretion, TIB may require the RECIPIENT to stop incurring additional <br />Project work plan costs during the investigation. Should TO require the RECIPIENT <br />to stop incurring additional costs to be paid with the grant funds, the RECIPIENT <br />shall be solely obligated for paying any additional costs incurred by such suspension <br />of work, contractor claims, or litigation costs; such costs cannot be paid for with grant <br />funds. <br />9.2 DEFAULT <br />RECIPIENT is in default if TIB determines, in its sole discretion, that: <br />a) RECIPIENT is not making reasonable progress toward correction and compliance <br />with this Agreement and the Project work plan; <br />b) TIB denies the RECIPIENT's request to amend the Project work plan; and <br />c) After investigation, TIB confirms RECIPIENT'S non-compliance. <br />9.3 TERMINATION <br />a) In the event of default as determined pursuant to Section 9, TO shall serve <br />RECIPIENT with a written notice of termination of this Agreement, which may be <br />served in person, by email or by certified letter. Upon service of notice of termination, <br />the RECIPIENT shall immediately stop incurring costs chargeable against the grant <br />funds and/or take such actions necessary as may be directed by TIB to protect TIB's <br />grant funds. <br />b) In the event of termination, the RECIPIENT may be liable for damages as authorized <br />by law including, but not limited to, repayment of all grant funds. <br />c) The rights and remedies of TIB provided in this Agreement are not exclusive and are <br />in addition to any other rights and remedies provided by law. <br />Complete Streets Grant Agreement Page 3 of 5 December 2016 Q7 <br />