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Contractor, its sub-Contractors, its elected officers, employees or their agents, except only <br />such injury or damage as shall have been occasioned by the sole negligence of the Coung, <br />its Additional lnsureds, appointed or elected officials, agents, or employees. lt is further <br />provided that no liability shall attach to the County by reason of entering into this contract, <br />except as expressly provided herein. <br />16. lndustrial Insurance Waiver: <br />With respect to the performance of this Agreement and as to claims against the County, its <br />Additional lnsureds, officers, agents and employees, the Contractor expressly waives its <br />immunity under Title 51 of the Revised Code of Washington, the lndustrial Insurance Act, <br />for injuries to its employees and agrees that the obligations to indemniff, defend and hold <br />harmless provided in this agreement extend to any claim brought by or on behalf of any <br />employee of the Contractor. This waiver is mutually negotiated by the parties to this <br />Agreement. <br />17. Venue and Choice of Law: <br />ln the event that any litigation should arise concerning the construction or interpretation of <br />any of the terms of this Agreement, the venue of such action of litigation shall be in the <br />Superior Court of the State of Washington in and for the County of Kittitas. This Agreement <br />shall be governed by the law of the State of Washington. <br />18 <br />ln the event the <br />Contractor under then the <br />may, upon written <br />penal$, untilsuch <br />19. Future Non-Allocation of Funds: <br />lf sufficient funds are not appropriated or allocated for payment under this Agreement for <br />any future fiscal period, the County will not be obligated to make payments for services or <br />amounts incurred after the end of the current fiscal period. No penalty or expense shall <br />accrue to the County in the event this provision applies. <br />20. Contractor Commitments. Warranties and Represe ntations: <br />The Contractor represents and warrants to the County as follows:20.1 The Contractor is duly incorporated, validly existing and in good standing <br />under the laws of the State of Washington, and has all requisite corporate <br />power and authority to enter into and to perform its obligations under this <br />Agreement. <br />20.2 The Contractor has the authority to execute this Agreement, to make the <br />representations and warranties set forth in it and to perform the <br />obligations of the Contractor under this Agreement in accordance with its <br />terms. <br />Professional Services Ag reement (rev . 09 I 24 120 1 8) <br />PageT of 17 <br />tn <br />by the <br />County <br />withoutue <br />to <br />in thetime <br />all mon