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Contractor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional lnsured's, 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. 16. lndustrial lnsurance Waiver: Wittr respect to tne performance of this Agreement and as to claims against the County, its Additional lnsured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuri-es to its employees and agrees that the obligations to indemnify, defend and hold harmiess provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. fnis waiver is mutually negotiated by the parties to this Agreement. 17. Venue and C hoice of Law: ln the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreeme nt, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the shall be governed by the law of the State of Washington County of Kittitas. This Agreement 18. Withholdinq Pavment: tntne@orhasfailedtoperformanyobligationtobeperformedbythe Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or othenruise adjudicated. 19. Future of Fu lf sufficient funds are not appropriated any future fiscal period, the County will amounts incurred after the end of the accrue to the County in the event this provision applies 20 ntractor Warranties rese The Contractor represents and warrants to the County as 20.1 The Contractor is duly incorporated, validly Professional Services Agreement PageT or allocated for payment under this Agreement for not be obligated to make payments for services or current fiscal period. No penalty or expense shall follows: existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms.