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lMth respect to the performance of this Agreement and as to claims against the County, its <br />Additional lnsureds, officers, agents and employees, the Contractor expressly waives its <br />immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for <br />injuries to its employees and agrees that the obligations to indemnifo, defend and hold <br />harmless provided in this agreement extend to any claim brought by or on behalf of any <br />employee of the Contractor. This waiver is mutually negotiated by the parties to thii <br />Agreement <br />17. Venue and Choie of Law: <br />ln the event that any litigation should arise concerning the construction or interpretation of any <br />of the terms of this Agreement, the venue of such action of litigation shall be in the Superior <br />Court of the State of Washington in and for the County of Kittitas. This Agreement shall be <br />governed by the law of the State of Washington. <br />18. \Mthholdinq Pavment: <br />ln the event the Contractor has failed to perform any obligation to be performed by the <br />Contractor under this Agreement within the time set forth in this Agreement, then the County <br />may, upon writen notice, withhold all monies due and payable to Contractor, without penalty, <br />untilsuch failure to perform is cured or otherwise adjudicated. <br />19. Future Non-Allocation of Funds: <br />lf sufficient funds are not appropriated or allocated for payment under this Agreement for any <br />future fiscal period, the County will not be obligated to make payments for services or amounts <br />incurred after the end of the current fiscal period. No penalty or expense shall accrue to the <br />County in the event this provision applies. <br />20. Contractor Commitments. Warranties and Representations: <br />The Contractor represents and warrants to the County as follows: <br />2O.1 The Contractor is duly incorporated, validly existing and in good standing <br />under the laws of the State of Washington, and has all requisite corporate <br />power and authority to enter into and to perform its obligations under this <br />Agreement. <br />2O.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 obligations <br />of the Contractor under this Agreement in accordance with its terms.20.3 This Agreement has been validly executed by an authorized representative <br />of the Contractor and constitutes a valid and legally binding and <br />enforceable obligation of Contractor.20.4 The Contractor has or will obtain prior to the commencement date such <br />licenses, permits and other authorizations from federal, state and other <br />governmental authorities, as are necessary for the performance of its <br />obligations under this Agreement.20.5 The Contractor is not in violation of any applicable law, ordinance or <br />regulation the consequence of which will or may materially affect <br />Contractor's ability to perform its obligations under this Agreement. The