Interlocal Agreement Between Kittitas County and Schuknechts Polygraph Service Executed

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sustained by any person or persons and on account of damage to property including loss of use thereol whether such injury to persons or damage to property is due to the negligence of the Conbactor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sote negligence of the County, its Additional lnsureds, appointed or elected officials, agents, or employees. lt is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 1 6. lndustrial .lNurance Waiv.er: \Aftth respect to the performance of this Agreement and as to claims against the County, its Additional lnsureds, officers, agents and employees, the Contracilor expressly waives its irnmunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to its employees and agrees that the obligations to indemniff, defund and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor.This waiver is muhratly negofiabd by the parties b ttis Agrcement 17. Venue and Choice of Law: ln the event that any litigation should arise conceming the construciion or interpretation of any of the terms of this Agreement, the venue of such action of litigation shatl be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be govemed by the law of the State of Washington. 1 8. UfithholCing Payment: ln the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agr6ement ttren the Cg_unty may, upon written notice, withhold all monies due and payiUte to Contractor, withottt penalty, until such f;ailure to perform is cured or othenrvise aaludicated. 19. Futute Non,Allocation of Funds: lf sttfficient funds are not appropriated or atlocated for payment under this Agreement for any frrture fiscal period, the County will not be obligated to make payments for services or amounts incuned after the end of the cunent fiscal period. No penatg or expense shall accrue to the County in the event this provision applies. 20. Qo ntractgr Cgmm i[ne4ts. Wa nanties. A nd. Rep resentationq: The contractor represents and wanants to ne County as rottows:20.1 The Contractor is-duly incorporated, validly existing and in good standing under the laws of the State of Washingrton, and has all requisite corporale power and authority to enter into and to perform its obligaiions under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and wananties set forth in it and to perform the Probssio_nal SeMces Agreement (rev. OSn4nOfi) Page 7 of 18