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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 prope1y is due to thenegligence of the contractor, its sub-contractors, its elected officers, employees or theiragents, except only such injury or damage as shall have been o.."*ion"d by the solenegligence of the county, its nooitional lnlureds, appointed or elected officials, agents, oremployees' lt is further provided that no liability .i'rrtt "tt".h to the county by reason ofentering into this contract, except as expressly piovided herein. .16. lndustrial lnsurance Waiver: with respect to the performance of this Agreement and.as to claims against the county, itsAdditional lnsureds, o-ffice1s, agents and-employees, the contractor expressly waives itsimmunity under Title 51 of the Revised code of wastrington, the tnoustiat lnsurance Act,for injuries to its em.plo.yges and agrees that the ootigatiJns to inoemnrfy,'oefend and holdharmless provided in this "gr""t6ntextend to any"ctaim broughiov "';on behalf of anyemployee of the contractor, This waiver is mutuail/ negotiated by the parties to thisAgreement. 17. Venue and Choice of Law: ln the event that any litigation should.arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of su"cn action or tftigati;n shall be in thesuperior court of the state of Washington in and for the corr'iv-lr Kittitas. ThisAgreement shall be governed by the law oithu State of washington. 18 ho ldinq Pavm ent ln the event the C ontractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time set forth in this Agreement, then theCountymay, upon written notice, with hold all monies due and payable to Contractor,without penalty, until such failure to pe rform is cured or othenryise adjudicated 20.2 1-9. Future Non-Allocation of Funds: lf sufficient funds ar9 not appropti"ted or allocated for payment under this Agreement forany future fiscal period, the county will not be obligaGo'to mat<e prvr"rtr for services oramounts incurred after the end of the cunent fiscll period. rrr" b"r"rtv or expense shallaccrue to the County in the event this provision applies. 39. 9ontr".tor corritrgntr, w"rr"nti"r "nd R"pr"r"nt"tion'The contractor represents an@ as forows:20'1 The contractor is duly incorporateo, valloty existing and in good standingunder the laws of the State of Washington, and hai all requisite corporatepower and authority to enter into and fo perform its ouligaiions under thisAgreement. The contractor has.the authority to execute this Agreement, to make therepresentations and warranties set forth in it and t5 perform the Professi onal Services Ag ree ment (rev . 09 I 24 120 1 g) PageT of 17