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person or persons and on account of damage to property including loss of use thereof,whether such injury to persons or damage io property i{ oue to ihe negligence of theContractor, its sub-contractors, its elected officeis, employees or their agents, except onlysuch injury or damage as shall have been 9c9as-r9ned Oy tfre sole negligence of the County,its Additional lnsureds, appointed or elected officials, agents, or erirpioyees. lt is furtherprovided that no liability shall attach to the County by'reison of enteiinginto this iontract,except as expressly provided herein. 16. lndustrial lnsurance Waiver: lvltl 1esn99t to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, g{cep, agents and employees, the contractor expressly waives itsimmunity under Title 5'1 of the Revised Code of Waihington, the lndustrial lnsurance Aci,for injuries to its employees and agrees that the obligatiJns t,c indemnify, defend rno noroharmless provided in this agreement extend to anyilaim brought uy oion nenairof anyemployee of the contractor. This waiver is mutuitly negotiaGo ny tne partiei to thisAgreement. 17. Venue and Choice of l_aw: ln the-event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of sulh action of litigation sfratt ne in tfreSuperior Court of the State of Washington in and for the County of KitIitas. This Ajreementshall be governed by the law of the State of Washington. 18, Withholding Pavment: ln the event the Contractor has failed to perform any obligation to be perlormed by thecontractor under this Agreement within the time set forlh in tfiis Agreemeni, then the Countymay, upon written notice, withhold all monies due and payaSte to Contractor, witnoutpenalty, until such failure to perform is cured or otherwise ubluoiot"o 19. Future Non-Allocation of Funds: 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 foi services oramounts incurred after the end of the current flscil period. No penalty or expense shallaccrue to the County in the event this provision applies. ?9. 9ontru"to. Qor m j_trn"ntg, W"rt" nti"s, nd R"prere nt"tion r, The contractor represents and warri@ws:20'1 The Co.ntractor is duly incorpglated, vaiioty existing and in good standing under the laws of the State of Washington and hal all requi"rite corporatepower and authority to enter into and to perform its obligaiions undbr thisAgreement.20.2 The Contractor has the authoriiy to execute this Agreement, to make therepresentations and warranties set forth in it and to perform the Professional Services Agreement (Form rev. Ogtz4l?:}lg) PageT of21