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sustained by any person or persons and on account of damage to property including loss <br />of use thereof, whether such injury to persons or damage to property is due to the <br />negligence of the Contractor, its sub-Gontractors, its elected officers, employees or their <br />agents, except only such injury or damage as shall have been occasioned by the sole <br />negligence of the County, its Additional lnsureds, appointed or elected officials, agents, or <br />employees. lt is further provided that no liability shall aftach to the County by reason of <br />entering into this contract, except as expressly provided herein. <br />16. lndustrial lnsurance Waiver: <br />With respect to the performance of this Agreement and as to claims against the County, its <br />Additional lnsureds, officers, agents and employees, the Contractor expressly waives its <br />immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, <br />for injuries to iis employees and agrees that the obligations to indemniff, defend and hold <br />harmless provided in this agreement extend to any claim brought by or on behalf of any <br />employee of the Contractor. This waiver is mutually negotiated by the parties to this <br />Agreement. <br />17. Venue and Choice of Law: <br />ln the event that any litigation should arise concerning the construction 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 Washington in and for the County of Kittitas. This <br />Agreement shall be governed by the law of the State of Washington. <br />18. Withholdinq Pavmenj: <br />ln the event the Contractor has failed to perform any obligation to be performed by the <br />Contractor under this Agreement 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 othenrvise adjudicated. <br />19. Future Non-Allocation of Funds: <br />lf sufficient funds are not appropriated or allocated for payment under this Agreement for <br />any future fiscal period, the County will not be obligated to make payments for services or <br />amounts incurred after the end of the current fiscal period. No penalty or expense shall <br />accrue to the County in the event this provision applies. <br />20. Contractor Commitments. W.ar€nties and Representations: <br />The Contractor represents and warrants to the County as follows:24.1 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 />24.2 The Contractor has the authority to execute ihis Agreement, to make the <br />representations and warranties set forth in it and to perform the <br />Professional Services Ag reement (rev. A9 24 ,2A1f! <br />Page I of 30