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by providing at least fifteen (15) calendar days written notice to the Contractor. Thetermination shall be effective on the date specifieO in tne notice of termination. 16. Defense & lndemnitv Aoreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, itsAdditional lnsured's, appointed and elective officers, agents and employees, from andagainst all loss or expense, including but not limited to judgments, settiements, attorney'sfees and costs by reason of any and all claims anO Oemands upon the County, itsAdditional lnsured's, its elected or appointed officials, agents, or employees for dam-agesbecause of personal or bodily injury, including death }t any tirne' resulting therefrjm,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 property is due to thenegligence of the Contractor, its sub-Contractors, its elected officers, employees or theiragents, except only such injury or damage as shatl have been occasioned by the solenegligence of the County, itrs Additional lnsured's, appointed or elected sfficials, agents, oremployees- lt is further provided that no liability shall aftach to the County by reason ofentering into this contrac*, except as expressly piovlded herein. 17. lndustrial lnsurance Waiver: With respect to the perfonnance of this Agreement and as to claims against the Cognty, itsAdditional lnsured's, officers, agents and employees, the Contractor?xpressly waiws itsirnrnunity under Tifre 51 of the Revised Code'of Washington, the lndustrial lnsurance Act,for iriuries to its enpl and agrees that the obligatdns to indennniff, defend and holdharmless provkled in this agreement -extend to any-clainr brought nV # on behalf of anyernployee of the confractor. This waiver is mutualg negotiatio oir are p"rti"" to thisAgreement 18. Venue and Choice cf Law: ln the errcnt that any litigation should arise oonceming the construdion or interpretation ofany of the terms 9f {ris Agreement, the venue of suih action of litigation shall be in theSuperior Court of the State of Washington in and for the Couity of Kittitas. ThisAgreement shall be grovemed by the law oi the state of washington. 19. Withholdins payment: ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time sei tortn in this Agreement, then tfreC?yntv. may, upon written notice, withhold all monies due and payloe tg iontractor,without penalty, until suc{t failure to perform is cured or otherwise aOluUicateO. 20. F,uture Non-Allocation of Funds: lf sufficient funds are not approprtated or allocated for payment under this Agreement forany future fiscai period, the County willnot be obligatecj to make payrnents for servies oramounts incuned after the end of the current fiscil period. No ilenalty or expense shallaccrue to the County in the event this provision applies. Professional Services Agreernent Page 7