Res-2020-104 PSA Amendment - Laserfiche WebLink

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sustained by any per$on or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub-Contractors, its elected officers, employees or iheir agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional lnsureds, .appointed or elected officials, agents, or employees, lt is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. lndustrial lpsulrange..Waiver; With respect to the performance of this Agroement and as to claims against the County, its Additional lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to its employee$ and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim broughi by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Q-hQice of !,qw: ln the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by ihe law of the gtate of Washington. '18. Wiihhold Pavment: ln the event the Contractor has failed to perfomn any obligation to be per-formed by the Contractor under this Agreement within the tinre set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Futu.te Non-Allpcation of Flrnds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to rrake payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies, 2 0. Conila Elor C om m ilrr ents,_Warrq,nti gfi*qnd Reprbs enlati qn s: The Contractor represents and warrants to the County as follows:20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washingtsn, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement, 2A.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the Professional S ervices Agree rrrent (r ev . QOl24 120 1 8) Page 8 of 19