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<br /> <br /> <br />Kittitas County Professional Services Agreement <br />Page 11 of 18 <br /> <br />including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs <br />resulting from Contractor’s breach of this provision. <br />To the extent that any information obtained by the Contractor is required to be shared with or <br />provided to others by the terms of the Statement of the Work, this provision is not breached <br />by such acts. <br /> <br />25. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, <br />except service of process, notice shall be given by the Contractor to the department head of <br />the department for whom services are rendered, and to the Kittitas County Commissioners, <br />205 W 5th 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 <br />may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. <br /> <br />26. 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 /> <br />27. Miscellaneous: <br />27.1 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 <br />of its right to assert or rely upon any such provisions, rights or remedies in that <br />or any other instance; rather the same shall be and remain in full force and <br />effect. <br />27.2 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 <br />shall be valid unless set forth in a written instrument signed by the party to be <br />bound thereby. <br />27.3 The rights and remedies of the County set forth in any provision of this <br />Agreement are in addition to and do not in any way limit any other rights of <br />remedies afforded to the County by any other provisions of this Agreement, by <br />any of Contractor’s Support or by law. <br />27.4 The headings of sections and paragraphs of this Agreement are for <br />convenience of reference only and are not intended to restrict, affect or be of <br />any weight in the interpretation or construction of the provisions of such <br />sections or paragraphs. <br /> <br />28. Waiver: