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and of atl etements of additionaL time required, and copies of any supporting <br />documents evidencing the amount or extension of time ctaimed to be due. <br />23. Ownership of ltems Produced: <br />Al.l, writings, programs, data, pubtic records or other materiats prepared by the Contractor <br />and/or its consu[tants or sub-Contractors, in connection with the performance of this <br />Agreement shatl. be the sol.e and absotute property of the County. <br />24. Confidential,ity: <br />The Contractor, its empl,oyees, sub-Contractors, and their emptoyees shatl maintain the <br />confidentiatity of al,t information provided by the County or acquired by the Contractor in <br />performance of this Agreement, except upon the prior written consent of the Kittitas County <br />prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the <br />County. Contractor'sha[t immediatety give to the County notice of any judiciaI proceedings <br />seeking disctosure of such information. Contractor shal.l, indemnify and hotd harmtess the <br />County, its Additional lnsured's, officiats, agents or emptoyees from att loss or expense, <br />inctuding, but not timited to setttements, judgments, setoffs, attorneys'fees and costs <br />resutting 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 />25. Notice: <br />Except as set fofth el,sewhere in the Agreement, for atl purposes under this Agreement, <br />except service of process, notice shatt be given by the Contractor to the department head of <br />the department for whom seruices are rendered, and to the Kittitas County Commissioners, <br />205 W 5,h Ave, Suite 108, El,Lensburg, WA 98926. Notice to the Contractor for atl purposes <br />under this Agreement shal,t be given to the address reftected on the signature page. Notice <br />may be given by de1ivery or by depositing in the U.S. Mait, first ctass, postage prepaid' <br />26. Severabil,ity: <br />lf any term or condition of this Agreement or the appl.ication thereof to any person(s) or <br />circumstances is hetd invatid, such inval.idity shatt not affect other terms, conditions or <br />appl.ications which can be given effect without the invatid term, condition or apptication. To <br />this end, the terms and conditions of this Agreement are declared severabte. <br />27. Miscettaneous: <br />27.1 The County's faiture 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 shatt not be construed as a waiver or retinquishment to any extent <br />of its right to assert or rety upon any such provisions, rights or remedies in that <br />or any other instance; rather the same shal,t be and remain in ful't force and <br />effect. <br />Kittitas County ProfessionaI Services Agreement <br />Page11of19