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sustained by any per$on or persons and on account of damage to propedy including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Cont'actor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligene of the County, its Additional lnsureds, appointed or elected offieials, agents, or employees. lt is further provided that no liability shall aftach to the County by reason of entering into this contract, except as expre$$ly provided herein. 1 6. lndus$ial lnsur_enqelryaryer \rVith respect to the perfontance of this Agreement and as to claims against the County, its Additional lnsureds, officers, agents and employees, the Contrador expressly waives its immunihT under Title $1 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behatf of any employee of the Contractor.This waiver is nluhrally negotiated by the parties to thls Agrcemont 17. llenueend Cholae dlaW: ln the_event that any litigation should arise conceming the construction or interpretation of any of the tenms of this Agreement, the venue of such aetion of litigation snatt ne in the Superior Court of the State of Washington in ancJ for the County of Kittitas. This Agreement shall be govemed by the law of the $tate of washingrton. 1 8. Wh.hold-iry Pe.ynton!: ln the event tlre Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the Cg.unty may, upon written notice, withhold all monies duo and paylnte to Contractor, without penalty, until such failure to perform is cured or otherwise aOiudicated. 1 9. FUtuf.e Nsn4dlaqa,tiarcf FUndq: lf sufficient funds are not appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligated to make payments fdr services oramounts ineuned after the end of the cunent fiscal period. No penalty or expense shallaeerue to the County in the event this provision applies, 20. Qontrqstpr cqnm rtnente, !ryanan"tiee and Bpplq$€ ntatiqns:The contractor represents and wanants ao ltre county as?CIllows:20.1 The Contraetor is- duly incorporaled, validly existing and in good strandingunder the laws of the $tate of Washington, and hal all ,*q,iirit* corporatepower and authori$ to enter into and to perform its obligations under thisAgreement.20'2 The Contraetor has the authority to execute this Agreement, to make therepresentations and warranties set forth in it and t6 pe6orm'tfre Professional $aMcos Agreoment (rev. 00/24t201 g) Pago 7 of 18