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18. 't of ing a�ment: <br />In 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 otherwise adjudicated. <br />19. Future Nan-ALLoration of Eu-ob-s: <br />If sufficient funds are not appropriated or allocated for payment under this Agreement for any <br />future fiscal period, the County will not be obligated to make payments for services or <br />amounts incurred after the end of the current fiscal period. No penalty or expense shall <br />accrue to the County in the event this provision applies. <br />20. �.� ir-actor Comioo tmnents, War -a n i and Re presentatt'ons: <br />The Contractor represents and warrants to the County as follows: <br />20.1 The Contractor is duly incorporated, validly existing and in good standing <br />under the laws of the State of Washington and has all requisite corporate <br />power and authority to enter into and to perform its obligations under this <br />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 obligations <br />of the Contractor under this Agreement in accordance with its terms. <br />20.3 This Agreement has been validly executed by an authorized representative <br />of the Contractor and constitutes a valid and legally binding and <br />enforceable obligation of Contractor. <br />20.4 The Contractor has or will obtain prior to the commencement date such <br />Licenses, permits and other authorizations from federal, state and other <br />governmental authorities, as are necessary for the performance of its <br />obligations under this Agreement. <br />20.5 The Contractor is not in violation of any applicable law, ordinance or <br />regulation the consequence of which will or may materially affect <br />Contractor's ability to perform its obligations under this Agreement. The <br />Contractor is not subject to any order orjudgment of any court, tribunal or <br />governmental agency which materially and adversely affects its operations <br />or assets in the State of Washington, or its ability to perform its obligations <br />under this Agreement. <br />20.6 None of the representations or warranties in this Agreement, and none of <br />the documents, statements, certificates or schedules furnished or to be <br />furnished by Contractor pursuant hereto or in connection with the <br />performance of the obligations contemplated under this Agreement, <br />contains or will contain any untrue statement of a material fact or omits or <br />will omit to state a material fact necessary to make the statements of fact <br />contained therein not misleading. <br />Kittitas County Professional Services Agreement <br />Page 9 of 19 <br />