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L T-2019-01-PSA-CHAMBER OF COMMERCE <br />against the County in any action. Such defense and payments are conditioned upon the <br />following: <br />21.1 <br />21.2 <br />22 . Disputes : <br />Contractor shall be notified promptly in writing by County of any notice of <br />such claim. <br />Contractor shall have the right, hereunder, at its option and expense, to <br />obtain for the County the right to continue using the information, in the event <br />such claim of infringement is made, provided no reduction in performance or <br />loss results to the County. <br />22 .1 General <br />Differences between the Contractor and the County, arising under and by <br />virtue of the Agreement Documents shall be brought to the attention of the <br />County at the earliest possible time in order that such matters may be settled <br />or other appropriate action promptly taken. Except for such objections as are <br />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 event giving <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 statement of each element of 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 />Professional Services Agreement <br />Page 10