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PERSONAL SERVICES AGREEMENT <br />requested 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: All writings, programs, data, public records or other materials prepared <br />by the Contractor 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: 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 performance <br />of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney <br />or an order entered by a court after having acquired jurisdiction over the County. Contractor shall <br />Immediately give to the County notice of any judicial proceedings seeking disclosure of such <br />information. Contractor shall indemnify and hold harmless the County, its Additional lnsured's, <br />officials, agents or employees from all loss or expense, including, but not limited to settlements, <br />judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. <br />25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except <br />service of process, notice shall be given by the Contractor to the department head of the department <br />for whom services are rendered, the County Project Manager (listed on page 1 of this Agreement) and <br />to the Kittitas County Board of County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA <br />98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address <br />reflected on the signature page. Notice may be given by delivery or by depositing In the U.S. Mail, first <br />class, postage prepaid. <br />26. Severabllity: 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 applications <br />which can be given effect without the invalid term, condition or application. To this end, the terms and <br />conditions of this Agreement are declared severable. <br />27. Miscellaneous: <br />27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this <br />Agreement or to exercise any rights or remedies under this Agreement shall not be construed <br />as a waiver or relinquishment to any extent of Its right to assert or rely upon any such <br />provisions, rights or remedies in that or any other instance; rather the same shall be and remain <br />in full force and effect. <br />27.2 This Agreement embodies the entire Agreement between the County and Contractor, and <br />supersedes any and all prior agreements, regarding the Work. No change, amendment or <br />modification of any provisions of this Agreement shall be valid unless set forth in a written <br />instrument signed by the party to be bound thereby. <br />Page 11of 20