Laserfiche WebLink
21. PatenVCQpyroght Infrinoement: <br />Contractor will defend and indemnify the County from any claimed action, cause or demand <br />brought against the County; to the extent such action is based on the claim that information <br />supplied by the Contractor infringes any patentor copyright. The Contractor will pay those <br />costs and damages attributable to any such claims that are finally awarded against the <br />County in any action. Such defense and payments are conditioned upon the following: <br />21.1 Contractor shall be notified promptly in writing by County of any notice of such <br />claim. <br />21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain <br />for the County the right to continue using the information, in the event such <br />claim of infringement is made, provided no reduction in performance or loss <br />results to the County. <br />22. Dish: <br />22.1 Gamed <br />Differences between the Contractor and the County, arising under and by <br />virtue of the Agreement Documents shall be brought to the attention of the <br />County at the earliest possible time in order that such matters may be settled, <br />or other appropriate action promptly taken. Except for such objections as are <br />made of record in the manner hereinafter specified and within the time limits <br />stated, the records, orders, instructions, and decisions of the Kittitas County <br />Commissioners shall be final and conclusive. <br />22.2 Notice of Potenti.Ql CIRMS <br />The Contractor shall not be entitled to additional compensation which <br />otherwise may be payable, or to extension of time for (1) any act or failure to act <br />by the County, or (2) the happening of any event or occurrence, unless the <br />Contractor has given the County a written Notice of Potential Claim within ten <br />(10) days of the commencement of the act, failure, or event giving rise to the <br />claim, and before final payment by the County. The written Notice of Potential <br />Claim shall set forth the reasons for which the Contractor believes additional <br />compensation or extension of time is due, the nature of the cost involved, and <br />insofar as possible, the amount of the potential claim. Contractor shall keep <br />full and complete daily records of the work performed, labor and material <br />used, and all costs and additional time claimed to be additional. <br />22.3. Detaited Claim <br />The Contractor shall not be entitled to claim any such additional <br />compensation, or extension of time, unless within thirty (30) days of the <br />completion of the portion of the work from which the claim arose, and before <br />final payment by the County, the Contractor has given the County a detailed <br />written statement of each element of cost or other compensation requested <br />Kittitas County Professional Services Agreement <br />Page 10 of 20 <br />