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25. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this <br />Agreement, except service of process, notice shall be given by the Contractor to the <br />department head of the department for whom services are rendered, and to the <br />Kittitas County Commissioners, 205 W 5'" Ave, Suite 108, Ellensburg, WA 98926. <br />Notice to the Contractor for all purposes under this Agreement shall be given to the <br />address reflected on the signature page. Notice may be given by delivery or by <br />depositing in the U.S. Mail, first class, postage prepaid. <br />26. Severability: <br />If any term or condition of this Agreement or the application thereof to any person(s) <br />or circumstances is held invalid, such invalidity shall not affect other terms, conditions <br />or applications which can be given effect without the invalid term, condition or <br />application. To this end, the terms and conditions of this Agreement are declared <br />severable. <br />27. Miscellaneous: <br />27.1 The County's failure or delay to insist upon strict performance of any of <br />the provisions of this Agreement or to exercise any rights or remedies <br />under this Agreement shall not be construed as a waiver or <br />relinquishment to any extent of its right to assert or rely upon any such <br />provisions, rights or remedies in that or any other instance; rather the <br />same shall be and remain in full force and effect. <br />27.2 This Agreement embodies the entire Agreement between the County <br />and Contractor, and supersedes any and all prior agreements, <br />regarding the Work. No change, amendment or modification of any <br />provisions of this Agreement shall be valid unless set forth in a written <br />instrument signed by the party to be bound thereby. <br />27.3 The rights and remedies of the County set forth in any provision of this <br />Agreement are in addition to and do not in any way limit any other rights <br />of remedies afforded to the County by any other provisions of this <br />Agreement, by any of Contractor's Support or by law. <br />27.4 The headings of sections and paragraphs of this Agreement are for <br />convenience of reference only and are not intended to restrict, affect <br />or be of any weight in the interpretation or construction of the <br />provisions of such sections or paragraphs. <br />28. Waiver: <br />Waiver of any breach or condition of this Agreement shall not be deemed a waiver of <br />any prior or subsequent breach. No terms or conditions of this Agreement shall be <br />held to be waived, modified or deleted except by an instrument, in writing, signed by <br />the parties hereto. <br />Professional Services Agreement <br />Page 10 <br />