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Contractor, its sub-Contractors, its elected officers, employees or their agents, except onlysuch injury or damage as shall have been occasioned by the sole negligeice of the iounti,its Additional lnsured's, appointed or elected officials, bgents, or e*froye"s. lt is furtherprovided that no liability shall attach to the County by reison of entering into this contract,except as expressly provided herein. 16. lndustrial lnsurance Waiver: With respect to the performance of this Agreement and as to claims against the County, itsAdditional lnsured's, officers, agents and employees, the Contractor-expressly waives itsimmunity under Title 51 of the Revised Code of Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligations to indemnify, defend and holdharmless provided in this agreement extend to anyilaim brought ov oi on behalf of anyemployee of the Contractor. This waiver is mutuilly negotiatlu ny the parties to thisAgreement. ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of suih 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 State of Washington. 17 and of 18. Withholdi nq Pa Professional Services Agreement Page 7 ln the event the Contractor has failed to perform any obligation to be per-formed by theContractor underthis Agreement within the time set forth in th-is Agreemeni, thun the Countymay, upon written notice, withhold all monies due and p"ya5le to Contractor, withouipenalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non-Allocation of Funds:lfsufficienttu@edorallocatedforpaymentunderthisAgreementfor any future fiscal period, the County will not be obligated'to make payments for services oramounts incurred after the end of the current fiscil period. No penalty or expense shallaccrue to the County in the event this provision applies. 30. 9ontractor commitments. warranties and Representations: The contractor represents uno *irru'tito ftrednty as follows:20'1 The Contractor is duly incorporated, vaiidly existing and in good standingunder the laws of the State of Washington, and hai all requisit" .orporrLpower and authority to enter into and to perform its obligaiions under thisAgreement, 20'2 The Contractor has the authority to execute this Agreement, to make therepresentations and warranties set forth in it and to perform theobligations of the Contractor under this Agreement in accordance with itsterms.