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Consolidated PSA Fully Executed
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04. April
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2024-04-02 10:00 AM - Commissioners' Agenda
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Consolidated PSA Fully Executed
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Last modified
4/10/2024 3:05:03 PM
Creation date
4/10/2024 3:04:40 PM
Metadata
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Template:
Meeting
Date
4/2/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Authorize the Public Works Director to Sign the Broadband Professional Services Agreement with Consolidated Communications of Washington Company, LLC
Order
2
Placement
Board Discussion and Decision
Row ID
116266
Type
Resolution
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26. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except <br />service of process, notice shall be given by the CONTRACTOR to the department head of the <br />department for whom services are rendered, and to the Kittitas County Commissioners, 205 W <br />5ft Ave, Suite 108, Ellensburg, WA 98926. Notice to the CONTRACTOR for all purposes <br />under this Agreement shall be given to the address reflected on the signature page. Notice may <br />be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. <br />27. Severability: <br />If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br />applications which can be given effect without the invalid term, condition, or application. To <br />this end, the terms and conditions of this Agreement are declared severable. <br />28. Miscellaneous: <br />28.1 The COUNTY's failure or delay to insist upon strict performance of any of the <br />provisions of this Agreement or to exercise any rights or remedies under this <br />Agreement shall not be construed as a waiver or relinquishment to any extent of its <br />right to assert or rely upon any such provisions, rights or remedies in that or any other <br />instance; rather the same shall be and remain in full force and effect. <br />28.2 This Agreement embodies the entire Agreement between the COUNTY and <br />CONTRACTOR, and supersedes any and all prior agreements, regarding the Work. <br />No change, amendment, or modification of any provisions of this Agreement shall be <br />valid unless set forth in a written instrument signed by the party to be bound thereby. <br />28.3 The rights and remedies ofthe COUNTY set forth in any provision of this Agreement <br />are in addition to and do not in any way limit any other rights of remedies afforded to <br />the COUNTY by any other provisions of this Agreement, by any of <br />CONTRACTOR's support or by law. <br />28.4 The headings of sections and paragraphs of this Agreement are for convenience of <br />reference only and are not intended to restrict, affect or be of any weight in the <br />interpretation or construction of the provisions of such sections or paragraphs. <br />29. Waiver: <br />Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior <br />or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, <br />modified, or deleted except by an instrument, in writing, signed by the parties hereto. <br />30. Survival: <br />The provisions of paragraphs 7, 9, 71, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,28,30,31, <br />and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any <br />feason. <br />3 1. Nondiscrimination: <br />31.1 The COTINTY is an equal opporlunity employer. <br />Professional Services Agreement <br />Page I 1
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