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16. lndustrial Insurance Waiver: <br />Repealed or withdrawn by agreement of the parties. <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 forthe County of Kittitas. This Agreement <br />shall be governed by the law of the State of Washington. <br />18. Withholdinq Payment: <br />ln the event the Contractor has failed to perform any obligation to be performed by the <br />Contractor under this Agreement within the time set forth in this Agreement, then the County <br />may, upon written notice, withhold all monies due and payable to Contractor, without <br />penalty, until such failure to perform is cured or othenruise adjudicated. <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 shall inform Contractor promptly and the County will <br />not be obligated to make payments for services or amounts incurred after the end of the <br />current fiscal period. No penalty or expense shall accrue to the County in the event this <br />provision applies. <br />20. Contractor Commitments, Warranties and Representations: <br />The Contractor represents and warrants to the County as follows: <br />20.1 The Contractor is an agency of the State of Washington, and has all <br />requisite corporate power and authority to enter into and to perform its <br />obligations under this 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 />Professional Services Agreement <br />Page 7