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person or persons and on account of damage to proper$ including loss of use thereolwhether such injury to persons or damage -to propert1l i6 ;; to the negrigence of thecontractor, its sub-contractors, its erected-omqis, em;i"y;;;r their agenrs, except onrysuch injury or damage as shall have been 9c9as_r9ryd uy tlie soi negtigence of the county,its Additionar rnsureds, appointed or erected "ff"irri,-ig;;;,;.. emproyees. rt is furtherprovided that no liability shall attach to the County ov'relron oientering intothis contracl,except as expressly provided herein. <br />16. ln4.uskial lnsurance Wai:rer: <br />lMth respect to the performance of.this Agreement and as to claims against the county, itsAdditional lnsureds, gffice1s, agents and-employees, tlle Conir"tor' expressly waives itsimmunity under Title 51 of lhe Revised code'of washingtJn, iaie tndustiial tnsurance Act,for injuries to its employees and agrees that ihe obtigatiinl to-inoemnify, defend and hotdharmless provided in this agreement extend to anv"Jirr uiougnt ov ciion uen"liJr'unvemployee of the contractor- This waiver is mutuiily nrd;;La by the parties to thisAgreement. <br />17. Verlue and Choice of LqW. <br />ln the,event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of su-ch aclion of litigation shall be in thesuperior court of the state of w.ashington in and.for tne county or xitritr.. This Agreementshall be governed by the law of the Stlte of Wasningion . --"'' - <br />18. Withhglding.pavment: <br />ln the event lhe contractor has Failed to perform any obligation to be performed by thecontractor under this Agreement wlthin the iime set fort'h in tn"ii ngreemeni, then the c|untymay, upon written notice, withhold alI monies due and piv"Ee to coniractoi, *iinortpenalty, untilsuch failure to perform is cured orottrerwGe "ijioi."t c. <br />19. F-uture Non-Allocation,of Funds: <br />lf sufficienl funds are not appropriated or allocated for payment under this Agreement forany future fiscal period,.the county will not be obtigahf,td*it" p"vrents for services oramounts incurred after the end of the current fiscll period. l,to penart1l or expense shallaccrue to the County in the event this provision applies. <br />20. C-ontJ..to,. C*r itrgntr, W",:r" ntip. <br />"nd <br />R"or.r.nt"tion g <br />The Contractor represents s:20j The contractor is duly incorporated, uaiidty e*i.t,ng and in good standingunderthe laws of the State of Washington and haiallrEqui-isite-corpor;t"power and authority to enter into and to perform its obtigaiions ,,noEii[i*Agreement.20'2 The contraclor has the authority to execute this Agreement, to make therepresentations and warrantles set forth in it and t6 perform'the - -- <br />Profes_sional Services Agreement (Form rev. 0gt24l2}1g| <br />PageT ol21