Laserfiche WebLink
PERSONAL SERVICES AGREEMENT <br />default, the Contractor shall not be entitled to receive any further payments under the Agreement <br />until all work called for has been fully performed. Any extra cost or damage to the County resulting <br />from such default(s) shall be deducted from any money due or coming due to the Contractor. The <br />Contractor shall bear any extra expenses incurred by the County in completing the work, and all <br />damage sustained, or which may be sustained by the County by reason of such default. <br />If a notice of termination for default has been issued and it is later determined for any reason that the <br />Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice <br />of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. <br />14. Termination for Publlc Convenience: The County may terminate the Agreement in whole or in part <br />whenever the County determines, in its sole discretion that such termination is in the best interests of <br />the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor <br />shall be entitled to payment for actual work performed at unit contract prices for completed items of <br />work. In the event of such termination, an equitable adjustment shall be made in the compensation <br />payable to Contractor. <br />An equitable adjustment in the contract price for partially completed items of work will be made, but <br />such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted <br />work. Termination of this Agreement by the County at any time during the term, whether for default <br />or convenience, shall not constitute a breach of contract by the County. <br />15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold <br />harmless the County, its Additional lnsured's, appointed and elective officers, agents and employees, <br />from and against all loss or expense, including but not limited to judgments, settlements, attorney's <br />fees and costs by reason of any and all claims and demands upon the County, its Additional lnsured's, <br />its elected or appointed officials, agents, or employees for damages because of personal or bodily <br />injury, including death at any time resulting therefrom, sustained by any person or persons and on <br />account of damage to property including loss of use thereof, when such injury to persons or damage to <br />property is due to the negligence of the Contractor, its sub-Contractors, its elected officers, employees <br />or their agents, except only such Injury or damage as shall have been occasioned by the sole negligence <br />of the County, its Additional lnsured's, appointed or elected officials, agents, or employees. It is <br />further provided that no liability shall attach to the County by reason of entering into this contract, <br />except as expressly provided herein. <br />16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims <br />against the County, its Additional lnsured's, officers, agents and employees, the Contractor expressly <br />waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for <br />injuries to its employees and agrees that the obligations to Indemnify, defend and hold harmless <br />provlded In this agreement extend to any claim brought by or on behalf of any employee of the <br />Contractor. This waiver Is mutually negotiated by the parties to this Agreement. <br />17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or <br />interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in <br />Page 8 of 20