Laserfiche WebLink
a) General - Differences between the Company and the County, arising under and by virtue of the <br />Agreement shall be brought to the attention of the other partyat the earliest possible time in order <br />that such matters may be settled or other appropriate action promptly taken. Except for such <br />objections as are 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 Commissioners shall be <br />final and conclusive, provided that nothing herein shall preclude either party from seeking judicial <br />review of any dispute under this Contract. <br />b) Notice of Potential Claims - The Company 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 by the County, or <br />(2) the happening of any event or occurrence, unless the Company has given the County a written <br />Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event <br />giving rise to the claim, and before final payment by the County. The written Notice of Potential <br />Claim shall set forth the reasons for which the Company believes additional compensation or <br />extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the <br />potential claim. The Company shall keep full and complete daily records of the work performed, <br />labor and material used, and all costs and additional time claimed to be additional. <br />c) Detailed Claim - The Company shall not be entitled to claim any such additional compensation, or <br />extension of time, unless within thirty (30) days of the completion of the portion of the work from <br />which the claim arose, and before final payment by the County, the Company has given the County <br />a detailed written statement of each element of cost or other compensation requested and of all <br />elements of additional time required, and copies of any supporting documents evidencing the <br />amount or extension of time claimed to be due. <br />32. COSTS AND ATTORNEYS FEES. All costs incurred in the resolution of any dispute in <br />connection with this Agreement shall be paid to the prevailing party in that dispute. The prevailing <br />party shall also be entitled to reimbursement of reasonable attorney's fees incurred, as part of those <br />costs. <br />33. JURISDICTION AND VENUE. The'parties agree that this Agreement is governed by the laws <br />of the State of Washington. Venue for any action related to this Agreement shall be as provided in RCW <br />36.01.050. <br />34. SEVERABILITY. If any provision of this Agreement is declared void, invalid or unenforceable <br />under any applicable law, the remaining provisions of the Agreement shall remain in effect and bind the <br />parties; provided, however, that the parties shall negotiate in good faith to amend the Agreement to <br />effectuate the intent of any void, invalid or unenforceable provisions. <br />35. HEADINGS. 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 interpretation or <br />construction of the provisions of such sections or paragraphs. <br />36. ' NON-DISCRIMINATION. The County is an equal opportunity employer. <br />a) Nondiscrimination in Employment. <br />27 <br />