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Gontractor, its sub-Contractors, its elected officers, employees or their agents, except onlysuch injury or damage as shall have been occasioned oy the sole neglige-n.u oiin" iountlaits Additional lnsureds, appointed or elected officials, igents, or eirployees. lt is furtherprovided that no liability shall attach to the County by reison of enteringinto this contract, except as expressly provided herein. 16. lndustrial lnsurance Waiver: lvlt!.psngct to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, o_{ce-rs, agents and employees, the Contractorlxpressly waives its lmmunity under Title 51 of the Revised Code ot-Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligatiJns to indemnifiT, defend and holdharmless provided in this agreement extend to anylhim brought ny oi on behalf of anyemployee of the contractor. This waiver is mutuilly negotiatlu oi, the parties to thisAgreement 17. Venue and Choice qf Law: ln theevent that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of suih action of litigation snait be in theSuperior Court of the fJale of \rlashington in and for the County ot rittius. This Agreementshall be governed bythe law of the State of Washington. 18. tMhholdino Pavment: ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within theiime set forlh in tfiis Agreem"ni, then the C6untymay' upon written notice, withhold all monies drie and payable to Contractor, withouipenalty, until such failure to perform is cured or othennrise abldoicated. 19. Future Non-Allocation of Funds: lf sufficient funds are not appropriated or allocated for payment under this Agreement forany future fiscalperiod, the County will not be obligateci to mate payments fJr services oramounts incurred afier the end of the current fiscal period. No ienalty or expense shallaccrue to the County in the event this provision applies. 20' Qontractor comm itm"nts. wa ranties a nd R.nresentatioE, The contractor represents and waii@:20.1 The Co.ntractor is, duly incorporated, vaiiAry existing and in good standing under the laws of the State of Washington, and hal all reqrlisite corporaie 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 obligations of the Contractor under this Agreement in accordance with its terms. Profussional Services Agreement (rev. OglZ4tZOlg) Page 7 of 17