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sustained by any person or persons and on account of damage to property including lossof use thereof, whether such. injury to persons or damage- to propertf is due to thenegligence of the Contractor, its sub-Contractors, its electel omcirs, employees or theiragents, except only such jnjqry or damage as shall have been occasioned by the solenegligence of the Coynty, its Additional lniureds, appointed or elected omriJr, agents, oremployees, lt is further provided that no liability shbll attacfr to the County by reason ofentering into this contract, except as expressly piovided herein. <br />16. lnduglrial lnsurance Waiver: <br />lVitf pspect to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, qffice-rs, agents and emptoyees, the Contractoi;itd;t waives its <br />fmlntty under Title 51 of the Revised Code of Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligafiins to indemniff, defend and holdharmless provided in this agreement extend to anyilaim brought uv di on uetralf of anyemployee of the contractor. This waiver is mutuilly negotiatio ui, ttre parties to thisAgreement <br />17. Venue and Ghoice 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 suih action of litigation .ftril u" in theSuperior Court of the State of Washington in and for the Couity of kittitas. Thi;Agreement shall be governed by the law oithe state of washington. <br />18. Withholdino Pavment: <br />ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time sei tortf in this Agrd;;;i, then theCounty may, upon written notice, withhold all monies due and payiUte to Contractor,without penalty, until such failure to perform is cured or otherwise adlulicateo- <br />19. Future Non-Allocation of Funds: <br />lf sufficient funds ar9 p! appropriated or allocated for payment under this Agreement forany future fiscal period, the coynty will not be obligated to mate payments foi services oramounts incurred after the end of the current fiscal period. No penalty oi explnse sfran <br />accrue to the Coung in the event this provision applies. <br />20. 9ontr"4p.Lcomm itmenJs, warranties a nd R"present"tion g <br />The contractor_represents and wa rranis@ws :20-1 The Contractor is_ duly incorpgla.te{, vaiidly existing and in good standing <br />under the laws of the State of Washington, and hal all reqriisite corporaiepower dnd authority to enter into and to perform its obligaiions under thisAgreement.20.2 The Contractor has the authority to execute this Agreement, to make the <br />representations and warranties set forth in it and to perform the <br />Profeaeional Services Agreement (rev. Ogn4n}1g, <br />Page7 ol 17