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sustained by any person or persons and on account of damage to property including lossof use thereol whether such injury to persons or damagd to p'rop'ery is due to the <br />negligence of the Contractor, 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 lnsureds, appointed or elected officials, agents, oremployees. lt is further provided that no liability shall attach to the County by r-ason of <br />entering into this contract, except as expressly provided herein. <br />16. lndustrial lnsurance Waiver: <br />Wth respect to the performance of this Agreement and as to claims against the County, its <br />Additional lnsureds, o*fiice_rs, agents and employees, the Contractorixpressly waives its <br />i-mmunity under Title 51 of the Revised Code of Washington, the lndustiial lnjurance Act, <br />for injuries to its employees and agrees that the obligatidns to indemnifo, defend and hold <br />harmless provided in this agreement extend to anyilaim brought by or on behalf of any <br />employee of the Contractor. This waiver is mutually negotiateO Oy ttre parties to thi6 <br />Agreernent <br />17. Venue and Choice of Law: <br />ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of sulh action of litigation shal be in theSuperior Court of the State of Washington in and for the Couity of Kittitas. This <br />Agreement shall be governed by the law oithe state of washington. <br />18. Withholdino P3vment: <br />ln the event the Contractor has failed to perform any obligation to be performed by the <br />Contractor under this Agreement within the time sei tort[ in this Agreement, then theC91nty may, upon written notice, withhold all monies due and pay-abte to iontractor, <br />without penal$, untilsuch failure to perform is cured or otherwise adludicated. <br />19. Future Non-Allocation of Funds: <br />lf sufficient funds ar9 no! appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligatecjto maXe payments f# services or <br />amounts incuned after the end of the current fiscal period, No penalty or expense shallaccrue to the County in the event this provision applies, <br />20. Qontractor commihnents. warranties and Reoresentations: <br />The contractor represents and warrants to ne county as tottows:20.1 The Contractor is- duly_incorp919ted, vaiidly existing and in good standing <br />under the laws of the State of Washington, and hai allrequisite corporate <br />power and authority to enter into and to perform its obligaiions under this <br />Agreement. <br />20.2 The Contractor has the authority to execute this Agreement, to make the <br />representations and warranties set forth in it and to pefform the <br />Profes_sion al Se rvices Ag ream ent (rev . A9 t 24 I 2}1tr) <br />Page7 ol 17