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t/Vashington State Transportation Improvement Board C-E-930(001)-1CompleteStreetsAwardGrantAgreement <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 TIB 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 seg,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 TIB 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,TIB 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 REClPIENT 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