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connection with any appeal proceeding under this clause, the Local Agency shall be <br />afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending <br />final decision of a dispute hereunder, the Local Agency shall proceed diligently with the <br />performance of the Agreement in accordance with the Chief Engineer's decision. The <br />decision of the Executive Director or his duly authorized representative for the <br />determination of such appeals will be final and conclusive and serve as final agency action. <br />This dispute clause does not preclude consideration of questions of law in connection with <br />decisions provided for herein. Nothing in this Agreement, however, shall be construed as <br />making final the decision of any administrative official, representative, or board on a <br />question of law. <br />Section 13. Does not supersede other agreements <br />This Agreement is not intended to supersede or affect in any way any other agreement (if <br />any) that is currently in effect between the State and the Local Agency for other <br />"maintenance and operations services" on State Highway rights -of -way within the <br />jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at <br />its own expense, all such activities /duties (if any) on such State Highway rights -of -ways <br />that the Local Agency is required by applicable law to perform. <br />Section 14. Subcontracts <br />The Local Agency may subcontract for any part of the performance required under this <br />Agreement, subject to the Local Agency first, obtaining approval from the State for any <br />particular subcontract. The State understands that the Local Agency may intend to perform <br />some or all of the services required under this Agreement through a subcontractor. The Local <br />Agency agrees not to assign rights or delegate duties under this Agreement or subcontract <br />any part of the performance required under the Agreement without the express, written <br />consent of the State which shall not be unreasonably withheld. Except as herein otherwise <br />provided, this agreement shall inure to the benefit of and be binding only upon the parties <br />hereto and their respective successors and assigns. <br />The Remainder of this Page left Intentionally Blank <br />Page 6 of 9 <br />