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fee.s. and. costs by reason of any and all claims and demands upon he County, its <br />Additional lnsureds, its elected or appointed officials, agents, or employees for dam-ages <br />because of personal or bodily injury, including death at any time resulting thereftom, <br />sustrained by any person or persons and on account of damage to property including loss <br />of use thereol whether such injury to persons or damage to propeqf is due io the <br />negligence of the Confactor, ib sub-Gontractors, its elected offcers, employees or their <br />agenb, except only such iniury or damage as shall have been occasioned by the sole <br />negllgence of the Coun$, its Additional lnsureds, appointed or etected officials, agents, or <br />employees. lt is further provided that no liability shall attach to the County by reason of <br />entering into this contract, exoept as exprssly provided herein. <br />16. lndustrial lnsurance Waiver <br />l/\fth respect to the performane of this Agreement and as to claims against the County, its <br />Additional lnsureds, officers, agents and employees, the Contnac,tor expressly waives its <br />immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, <br />for injuries to its employees and agrees that the obligations to indemniff, defend and hold <br />harmless provided in his agreement extend to any claim brought by or on behalf of any <br />employee of the Confactor.This waiver is mutrally negotiabd by the parties b this <br />Agreement <br />17. Venue and Choice of Law: <br />ln the event that any litigation should arise conceming the construcfion or interpretation of <br />any of the terms of this Agreement, the venue of such action of litigation shall be in the <br />Superior Court of the State of Washingiton in and for the County of Kittitas. This <br />Agreement shall be govemed by the law of the State of Washington. <br />1 8. \A/iflrholdinq Pavment: <br />ln the event the Contractor has failed to perform any obligation to be performed by the <br />Contractor under this {greement within the time set forth in this Agreement, then the <br />County may, upon written notice, withhold all monies due and payable to Contractor, <br />without penalty, until such failure to perform is cured or othenrise adjudicated. <br />19. Future Non-Allocation of Funds: <br />lf suffcient funds are not appropriated or allocated for payment under this Agreement for <br />any ftrture fiscal period, the County will not be obligated to make payments for services or <br />amounts incuned after the end of the cunent fiscal period. No penatty or expense shall <br />accrue to the County in the eventthis provision applies. <br />20. Contnactor Commifinents. Wananties and Reoresentations: <br />The Contractor represents and wanants to the County as follows: <br />20.1 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 />Prtrssional SeMces Agreement (rev. 09124n0/.8\ <br />Page7 ot 17