PSA Amendment 1 with Thorp SD - Laserfiche WebLink

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contractor, its sub-contractors, its elected officers, employees.or their agents, except onlysuch injury or damage as shall have been occa*ned oy ihe sote negrige;ce-oi1," county,its Additional lnsureds, appointed or el.ectJ ;fil;[,";gents, or employees. tt is furlherprovided that no liability shall attach to the countv nv'*iron of entering into this contract,except as expressly provided herein. 16. lndustrial I nsu rance Waiver; \Mth respect to the performance of this Agreement and as to claims against the Cou nty, itsAdditional lnsured s, officers, agents and e mployees,the Contractor expressly waives itsimmunity under Title 51 of the Revised Code of Washington, the ln dustrial lnsurance Act,for injuries to its employees and agrees that the obligations to inde mnify, defend and holdharmless p rovided n this ag reement extend to a ny claim brought by or on behalf of anyempoyee of the Co ntractor. This waiver is m utually negotiated by the parties to thisAgreement. 17.. Venue and Choice of Law: ln the event that any titrgEtion should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of such action of litigation shall be in thesuperior courl of the statebf washington in and for the county of Kittitas. This Agreementshall be governed by the raw of the s6te of washingion - - 18. Withholdinq pavment: ln the event the contracior has failed.to per-form any obligation to be performed by thecontractor under this Agreement within the iime set foritr in tn-i. Agreemeni, th;; the countymay' upon written notice, withhold all monies due and payable to Contractor, withoutpenalty, until such failure to perform is cured or otherwise adjudicated. 19 reN loca nof Funds lf sufficient funds any future fiscal p amounts incurred accrue to the Cou ,tg fol appropriated, or allocale_d for payment under this Agreement foreriod, the county will not be obligated to mare payments for seruices orafter the end of the current fiscal period. ru" b.rrrtv oi "rp"nre shalrnty in the event this provision applies. 20.nd The Contractor represents and warrants to the County as follows2Ai The Contra ctor is duly incorporated, va existing and in good standingidly under the laws of the State of Washi ngton,and has all requisite corporatepower and authority to enter into an dtope rform its obligations under thisAgreement. The contractor has the authority to execute this Agreement, to make therepresentations and warranties set forth in it and to perform theobligations of the contractor under this Agreement in accordance with itsterms, 20.2 P rofessional Services Agreement (rev . 0g 124120 1 B) Page 10 of20