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sustained by any person or persons and on account of damage to property including lossof use thereof, whether such injury to persons or damagJ to prop'ery is due to thenegligence of the Contractor, its sub-Contractors, its electe'd officersi ".itoy"et or theiragents, except only such injury or damage as shall have been occasioned by the solenegligence of the County, its Additional lnsureds, appointed or elected officials, igents, oremployees' lt is further provided that no liability shall attach to the County by r6ason ofentering into this contract, except as expressly piovided herein. 16. lndustrial lnsurance Waiver: With respect to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, officers, agents and employees, the Contractorixpressly waives itstmmunity under Title 51 of the Revised Code of-Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligatidns to indemnify, defend and holdharmless provided in this agreementextend to anyilaim brought nv di on behalf of anyemployee of the Contractor. This waiver is mutuilly negotiateA Uy ttre parties to thisAgreement. 17. Venue and Choice of Law: ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this 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 governed by the law oithe state of washington. 1 8. Withholding Payment: ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time sei tort[ in this Agreement, then theCg.unty may, upon written notice, withhold all monies due and p"yiUt" to Contractor,without penalty, until such failure to perform is cured or otheruvise adluiicateO. 19. Future Non-Allocation of Funds.: lf sufficient funds are 1ot appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligated to make payments for services oramounts incurred after the end of the current fiscal period. No penalty or expense shallaccrue to the County in the event this provision applies. ?0. c=ontractor comm itments. warranties and Reoresentations: The contractor represents and warrants to ftre county as follows:20'1 The Co.ntractor is duly incorporated, vaiidly existing and in good standing under the laws of the State of Washington, and hai all reqriisite rorpor3["power and authority to enter into and to perform its obligaiions under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the Profess ional Se rvices Agree ment (rev. Og l24l ZO 1 g) PageT of 17