Laserfiche WebLink
personal or bodily injury, including delth at any time resulting therefrom, sustained by anyperson or persons and on account of damage to property -inctuoing l"!r "t use thereof,whether such injury to persons or damage "to p;6",i; is due to the negligence of thecontractor, its sub-contiactors, its elected'offic"ir, <br />"rpioyees.or thejr agents, except onlysuch injury or damage as shall have been occasjgned ny tne.sote r"glig"i.; of the county,its Additionar rnsureds, appointed or erected ;ffi;;;,;gents, or emproyees. rt is furtherprovided that no liability shall attach to the corntv ov'*iron of entering into this contract,except as expressly provided herein. <br />1.6... lndustrial lnsurance Waiver: <br />with respect to the perrorrnarG of this Agreement and as to claims against the county, itsAdditional lnsureds, o-fce-rs, agents and-emplov."i,1rr" contractor expressly waives itsimmunity under Title 51 of the Revised code ot w"rr'ington, the lnou#aiinsurance Act,for injuries to its emplgygut and agrees tl'r"t1n" "flg;iii* to indemnify, defend and hotdharmless provided in this agreem6nt.exteld to anylaim nrought bt;;on o"nrr of anyemployee of the contractor' rnis waiver i" ruiuillfiegotiated by the parties to thisAgreement. <br />17.. Venue and Choice of Law: <br />ln the event that any litigatr'on should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue oi.r".n' action of litigation shall be in thesuperior court of the state of washington in and for the county of Kittitas. This Agreementshall be governed by the law of the Stite otWastringion.- <br />18. Withholdinq pavment: <br />ln the event the contractor has failed.to p.erform any obligation to be performed by thecontractor underthis Agreement within theiime set forlrr in tni" ngreemenlih;, the countymay' upon written notice, withhold all monies due anJ payable to contractor, withoutpenalty, until such failure to perform is cured or otherwise adjudicated. <br />19 i,uture Non-Allocafi s: <br />lf sufficient funds are not-ffi[rEted. or allocated for payment under this Agreement foranv future fiscat period,.the county wir not o" ooiig"i"itJ,"n;[;ffi.il[ilr r"*i.", o,.amounts incurred after the end of the current fiscil period. No penalty or expense shallaccrue to the County in the event this provision applies. - <br />20 <br />The Contractor rep resents and warrants to th e County as follows:20.1 The Contractor is du ly incorporated, valid ly existing and in good standinunder the laws of gthe State of Wash ington , and has all requisite co rporatepower and authority to enter into a nd to perform its obligations u nder thisAgreement <br />Professional Services Agreement <br />Page 7 of 'lg