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Request for Qualifications <br />Employment and Day Program Services <br /> <br /> <br />Professional Services Agreement <br />Page 30 <br />the parties shall return Confidential Information or certify in writing the destruction of <br />Confidential Information upon written request by the other party. <br /> <br />25.4 Paper documents with Confidential Information may be recycled through a contracted firm, <br />provided the contract with the recycler specifies that the confidentiality of the information <br />will be protected, and the information destroyed through the recycling process. Paper <br />documents containing Confidential Information requiring special handling (e.g. protected <br />health information) must be destroyed through shredding, pulping or incineration. <br /> <br />25.5 The compromise of potential compromise of Confidential Information must be reported to <br />the County within one (1) business day of discovery. The parties must also take actions to <br />mitigate the risk of loss and comply with any notification or other requirements imposed by <br />law. <br /> <br />26. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of <br />process, notice shall be given by the Contractor to the department head of the department for whom services <br />are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. <br />Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the <br />signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. <br /> <br />27. Severability: <br />If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held <br />invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect <br />without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are <br />declared severable. <br /> <br />28. Miscellaneous: <br /> 28.1 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 <br />remain in full force and effect. <br /> 28.2 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 /> 28.3 The rights and remedies of the County 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 County by <br />any other provisions of this Agreement, by any of Contractor’s Support or by law. <br />28.4 The headings of sections and paragraphs of this Agreement are for convenience of <br />reference only and are not intended to restrict, affect or be of any weight in the <br />interpretation or construction of the provisions of such sections or paragraphs. <br /> <br />29. Waiver: <br />Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent <br />breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by <br />an instrument, in writing, signed by the parties hereto.