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PERSONAL SERVICES AGREEMENT <br />21. Patent/Coovrisht lnfrin gement:Contractor will defend and indemnify the County from any claimed <br />action, cause or demand brought against the County; to the extent such action is based on the claim that <br />information 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 in any <br />action. Such defense and payments are conditioned upon the following: <br />21'.L Contractor shall be notified promptly in writing by County of any notice of such claim <br />21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County <br />the right to continue using the information, in the event such claim of infringement is made, <br />provided no reduction in performance or loss results to the County. <br />22. Disputes: <br />22.t General: Differences between the Contractor and the County, arising under and by virtue of the <br />Agreement Documents shall be brought to the attention of the County at the earliest possible <br />time in order that such matters may be settled or other appropriate action promptly taken. <br />Except for such objections as are made of record in the manner hereinafter specified and within <br />the time limits stated, the records, orders, instructions, and decisions of the Kittitas County <br />Commissioners shall be final and conclusive. <br />22.2 Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which <br />otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, <br />or (2) the happening of any event or occurrence, unless the Contractor has given the County a <br />written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, <br />or event giving rise to the claim, and before final payment by the County. The written Notice of <br />Potential Claim shall set forth the reasons for which the Contractor believes additional <br />compensation or extension of time is due, the nature of the cost involved, and insofar as possible, <br />the amount of the potential claim. Contractor shall keep full and complete daily records of the <br />work performed, labor and material used, and all costs and additional time claimed to be <br />additional. <br />22.3. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, <br />or extension of time, unless within thirty (30) days of the completion of the portion of the work <br />from which the claim arose, and before final payment by the County, the Contractor has given <br />the County a detailed written statement of each element of cost or other compensation <br />requested and of all elements of additional time required, and copies of any supporting <br />documents evidencing the amount or extension of time claimed to be due. <br />Ownership of ltems Produced: All writings, programs, data, public records or other materials prepared <br />by the Contractor and/or its consultants or sub-Contractors, in connection with performance of this <br />Agreement shall be the sole and absolute property of the County. <br />23 <br />Page 10 of 18