Laserfiche WebLink
15.Defense &Indemnity Aareement: <br />The Contractor agrees to and shall defend,indemnify and hold harmless the County,itsAdditionalInsured's,appointed and elective officers,agents and employees,from andagainstalllossorexpense,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,itsAdditionalinsured's,its elected or appointed officials,agents,or employees for damages <br />because of personal or bodily injury,including death at any time resulting therefrom, <br />sustained by any person or persons and on account of damage to property including loss <br />of use thereof,whether such injury to persons or damage to property is due to thenegligenceoftheContractor,its sub-Contractors,its elected officers,employees or their <br />agents,except only such injury or damage as shall have been occasioned by the sole <br />negligence of the County,its Additional Insured's,appointed or elected officials,agents,or <br />employees.It is further provided that no liability shall attach to the County by reason ofenteringintothiscontract,except as expressly provided herein. <br />16.Industrial Insurance Waiver: <br />With respect to the performance of this Agreement and as to claims against the County,itsAdditionalInsured's,officers,agents and employees,the Contractor expressly waíves its <br />immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act, <br />for injuries to its employees and agrees that the obligations to indemnify,defend and hold <br />harmless provided in this agreement extend to any claim brought by or on behalf of anyemployeeoftheContractor.This waiver is mutuallynegotiated by the parties to thisAgreement <br />17.Venue and Choice of Law: <br />In the event that any litigation should arise conceming the construction or interpretation of <br />any of the terms of this Agreement,the venue of such action of iltigation shall be in theSuperiorCourtoftheStateofWashingtoninandfortheCountyofKittitas.ThisAgreementshallbegovemedbythelawoftheStateofWashington. <br />18.Withholding Payment; <br />In the event the Contractor has failed to perform any obligation to be performed by theContractorunderthisAgreementwithinthetimesetforthinthisAgreement,then the <br />County may,upon written notice,withhold all monies due and payable to Contractor, <br />without penalty,until such failure to perform is cured or otherwise adjudicated. <br />19.Future Non-Allocation of Funds: <br />If sufficient funds are not appropriated or allocated for payment under this Agreement for <br />any future fiscal period,the County will not be obligated to rnake payments for services or <br />amounts incurred after the end of the current fiscal period.No penalty or expense shall <br />accrue to the County in the event this provision applies. <br />ProfessionatServices Agreement <br />Page 7