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made of record in the manner hereinafter specified and within the time limits <br />stated,the records,orders,instructions,and decisions of the Kittitas County <br />Commissioners shall be final and conclusive. <br />22.2 Notice of Potential Claims <br />The Contractor shall not be entitled to additional compensation which <br />otherwise may be payable,or to extension of time for (1)any act or failure to <br />act by the County,or (2)the happening of any event or occurrence,unless <br />the Contractor has given the County a written Notice of Potential Claim <br />within ten (10)days of the commencement of the act,failure,or eventgiving <br />rise to the claim,and before final payment by the County.The written Notice <br />of Potential Claim shall set forth the reasons for which the Contractor <br />believes additional compensation or extension of time is due,the nature of <br />the cost involved,and insofar as possible,the amount of the potential claim. <br />Contractor shall keep full and complete daily records of the work performed, <br />labor and material used,and all costs and additional time claimed to be <br />additional. <br />22.3.Detailed Claim <br />The Contractor shall not be entitled to claim any such additional <br />compensation,or extension of time,unless within thirty (30)days of the <br />completion of the portion of the work from which the claim arose,and before <br />final payment by the County,the Contractor has given the County a detailed <br />written statementof each elementof cost or other compensation requested <br />and of all elements of additional time required,and copies of any supporting <br />documents evidencing the amount or extension of time claimed to be due. <br />23.Ownership of Items Produced: <br />All writings,programs,data,public records or other materials prepared by the Contractor <br />and/or its consultants or sub-Contractors,in connection with performance of this <br />Agreement shall be the sole and absolute property of the County. <br />24.Confidentiality: <br />The Contractor,its employees,sub-Contractors,and their employees shall maintain the <br />confidentiality of all information provided by the County or acquired by the Contractor in <br />performance of this Agreement,except upon the prior written consent of the Kittitas <br />County Prosecuting Attorney or an order entered by a court after having acquired <br />jurisdiction over the County.Contractor shall immediately give to the County notice of any <br />judicial proceedings seeking disclosure of such information.Contractor shall indemnify <br />and hold harmless the County,its Additional Insured's,officials,agents or employees from <br />all loss or expense,including,but not limited to settlements,judgments,setoffs,attorneys' <br />fees and costs resulting from Contractor's breach of this provision. <br />Professional Services Agreement <br />Page 9