SH22-004 2022 PSA - Dr. Rowe - Laserfiche WebLink

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employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insureds, officers, agents and employees, the Contractor expressly waives its immunity u nderTide 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees thatthe obligations to indemnify, defend and h old harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutuaily negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreementshall begovemed bythe law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured orotherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficientfunds are not appropriated oral located for payment u nderth is Agreement for any future fiscal period, the Countywill not be obligated to make payments for services or amounts incurred afterthe end of the currentfiscal period. No penalty or expen se shall accrue to the County in the eventthis provision applies. 20. Contractor Commitments, Warranties and Representations: The Contractor represents an d warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing underthe laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations underthis Agreement. 20.2 The Contractor has the authorityto execute this Agreement, to make the representation sand warranties set forth in it and to perform the obligations of the Contractor underthis Agreement in accordance with its terms. 20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutesa valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor hasor will obtain priorto the commencement date such licenses, permits and other authorizations from federal, state and other Professional Services Agreement (rev. 09/24/2018) Page 7 of 17