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Professional Services Master Agreement <br />Kittitas County <br />omit to state a material fact necessary to make the statements of fact contained therein not <br />misleading. <br />19. Severability <br />If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br />applications which can be given effect without the invalid term, condition or application. To <br />this end, the terms and conditions of this Agreement are declared severable. <br />20. Miscellaneous <br />The Client's failure or delay to insist upon strict performance of any of the provisions of <br />this Agreement or to exercise any rights or remedies under this Agreement shall not be <br />construed as a waiver or relinquishment to any extent of its right to assert or rely upon <br />any such provisions, rights or remedies in that or any other instance; rather the same <br />shall be and remain in full force and effect. <br />This Agreement embodies the entire Agreement between the Client and Tieton Group, <br />and supersedes any and all prior agreements, regarding the Work. No change, <br />amendment or modification of any provisions of this Agreement shall be valid unless <br />set forth in a written instrument signed by the party to be bound thereby. <br />The rights and remedies of the Client set forth in any provision of this Agreement are in <br />addition to and do not in any way limit any other rights of remedies afforded to the <br />Client by any other provisions of this Agreement, or by law. <br />21. Waiver <br />Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior <br />or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, <br />modified or deleted except by an instrument, in writing, signed by the parties hereto. <br />22. Nondiscrimination <br />In the performance of this Agreement, Tieton Group will not discriminate against any <br />employee or applicant for employment on the grounds of race, creed, color, national <br />origin, sex, sexual orientation, marital status, age or the presence of any sensory, <br />mental or physical handicap; provided that the prohibition against discrimination in <br />employment because of handicap shall not apply if the particular disability prevents <br />the proper performance of the particular worker involved. Tieton Group shall ensure <br />that applicants are employed, and that employees are treated during employment <br />without discrimination because of their race, creed, color, national origin, sex, sexual <br />orientation, marital status, age or the presence of any sensory, mental or physical <br />handicap. Such action shall include, but not be limited to: employment, upgrading, <br />demotion or transfers, recruitment or recruitment advertising, layoff or termination, <br />Page 10 of 12 <br />