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fee.s..and. gsb b_y Fasgn of. any and all claims and demands upon the courfi, ibAddifonal lnsureds, ib elected or appointed officiats, agenb, or emjloyees for Oamb-g;because.of personal or bodily lnjury, including death-at any time r.sulting therefi[m, <br />sustained by aly Person or petsons and on account of damage to prcperty iricluding lossof qse thereof, whether such iniury to peaons or damagJ to propenf is due to ttre <br />negligence of the Confactor, ib sub-Contrac{ors, its etected omeirs, emptoyees or their <br />ageSts, exept only such injury or damage as shall have been occasioned by the sole <br />negligenoe of fie Cognty, its Additional lnsureds, appointed or elec.ted officials, Lgents, or <br />employees. lt ls further provided that no llability shallattach to the County by reason of <br />entedng intothis conhac{, exceptas expressly provided herein. <br />16. lndusffial lnsurane Waiven <br />Wt top:c{ to the perbrmance of this Agreement and as to claims against the County, lb <br />Addi$onal lnsureds, offcers, agents and employees, tre Conhac{or-expressly waive-C ig <br />lmmuntty under Title 51 of the Revised Code of Washington, the lndustiial lniuranoe Aci, <br />for injudes b its employees and agrees that the obligatbns to indemnfi, detund and hold <br />harmless Ppvided in this agroement extend to any claim brought by or on behalf of any <br />employee of the Contnac'tor. Thls rvalver ls mutually negotiabd by ttre partos !o ft6 <br />Agrcement <br />17. Venue and Choie of [aw: <br />ln the_event that any liligation should arise concEming the construcdon or interpretation of <br />any of the brms of frtis Agreemen[ tre venue of suctr action of litigation shall be in the <br />Superior Gourt of the State of Washin$on in and for the Coung of Kittitas. This <br />Agreement shall be govemed by the law of the Sbte of tVashington. <br />18. WltrhoHing Pavment: <br />ln the event the Conhactor has failed lo perform any obligation to be perftrmed by the <br />Contrac'tor under this Agrcement within the time set forth in this Agreement, then the <br />County may, upon wdfien notice, wi0rhotd all monies due and payable to Conbador, <br />without Ponalty, unill such failura to perform is cured or othenrise adjudicated. <br />19. Future Non-Allocation of Funds: <br />lf sttfficlent funds are not appropriated or allocated br payment under this Agreement for <br />any future fiscal period, the Coufi will not be obligated to make payments foi servies or <br />amounb inanned afier the end of he cunent fiscal pedod. No penalty or epensa shall <br />aocruetothe County in he eventtris provision applies. <br />20. Conhador Commihmenb. Warnanties and Reoresentations: <br />The Contractor represenb and wanants to lhe County as follows:20.1 The Contras'tor is duly inoorporated, validly existing and in good standing <br />underthe laws of the State of Washington, and has all requisite coporate <br />power and authorfty to enter into and to perform ils obligations under thls <br />Agreement, <br />Prclbsslonal Sellces Agmement (mv. 0Bn4t2011l <br />Paga7 al17