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Contractor is not subject to any order or judgment of any court, tribunal or <br />governmental agency which materially and adversely affects its operations <br />or assets in the State of Washington, or its ability to perform its obligations <br />under this Agreement. <br />20.6 None of the representations or warranties in this Agreement, and none of <br />the documents, statements, certificates or schedules furnished or to be <br />furnished by Contractor pursuant hereto or in connection with the <br />performance of the obligations contemplated under this Agreement, <br />contains or will contain any untrue statement of a material fact or omits or <br />will omit to state a material fact necessary to make the statements of fact <br />contained therein not misleading. <br /> <br />21. Patent/Copyright Infringement: <br />Contractor will defend and indemnify the County from any claimed action, cause or demand <br />brought against the County; to the extent such action is based on the claim that information <br />supplied by the Contractor infringes any patent or copyright. The Contractor will pay those <br />costs and damages attributable to any such claims that are finally awarded against the County <br />in any action. Such defense and payments are conditioned upon the following: <br />21.1 Contractor shall be notified promptly in writing by County of any notice of such <br />claim. <br />21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain <br />for the County the right to continue using the information, in the event such claim <br />of infringement is made, provided no reduction in performance or loss results to <br />the County. <br /> <br />22. Disputes: <br />22.1 General <br /> Differences between the Contractor and the County, arising under and by virtue <br />of the Agreement Documents shall be brought to the attention of the County at <br />the earliest possible time in order that such matters may be settled or other <br />appropriate action promptly taken. Except for such objections as are made of <br />record in the manner hereinafter specified and within the time limits stated, the <br />records, orders, instructions, and decisions of the Kittitas County <br />Commissioners shall be final and conclusive. <br /> <br />22.2 Notice of Potential Claims <br /> The Contractor shall not be entitled to additional compensation which otherwise <br />may be payable, or to extension of time for (1) any act or failure to act by the <br />County, or (2) the happening of any event or occurrence, unless the Contractor <br />has given the County a written Notice of Potential Claim within ten (10) days of <br />the commencement of the act, failure, or event giving rise to the claim, and <br />before final payment by the County. The written Notice of Potential Claim shall <br />set forth the reasons for which the Contractor believes additional compensation <br />or extension of time is due, the nature of the cost involved, and insofar as <br />possible, the amount of the potential claim. Contractor shall keep full and