A Better Track Service Agreement

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made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which othenruise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Noticeof Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detai Claim The Contractor shall not be entifled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23.Owne hio of ltems uced All writings, programs, data, public records or other materials prepared by the Contractorand/or its consultants or sub-Contractors, in connection witi'r performance of thisAgreement shall be the sole and absolute property of the county. 24. Confidentiality: The Contractor, its employees, sub-Contractors, and their employees shall maintain theconfidentiality of all information provided by the County or acquirlO Uy the Contractor inperformance of this Agreement, except upon the prior written consent of the KittitasCounty Prosecuting Attorney or an order entered by a court after having acquiredjurisdiction over the County. Contractor shall immediateiy give to the County notice of anyjudicial proceedings seeking disclosure of such information. Contractor shal indemnifyand hold harmless the County, its Additional lnsureds, officials, agents or employees fromall loss or expense, including, but not limited to settlements, judgirents, setoffs,'attorneys,fees and costs resulting from contractor's breach of this provision. Professional Se rvices Agreement (rev . 0g 124 I 20 1 g) Page 10 of 19