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required, and copies of any supporting documents evidencing the amount or
<br />extension of time claimed to be due,
<br />23. Owner shio of Items Produced:
<br />All writings, programs, data, public records or other materials prepared by the Contractor and/or
<br />its consultants or subcontractors, in connection with performance of this Agreement shall be the
<br />sole and absolute property of the County, or, as specified in the Prime Agreement, the sole and
<br />absolute property of the Washington State Department of Natural Resources.
<br />24, Confidentiality:
<br />The Contractor, its employees, subcontractors, and their employees shall maintain the
<br />confidentiality of all 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 shall immediately give to the County notice of any judicial proceedings
<br />seeking disclosure of such information. Contractor shall indemnify and hold harmless the County,
<br />its Additional Insured's, officials, agents or employees from all loss or expense, including, but not
<br />limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's
<br />breach of this provision, To the extent that any information obtained by the Contractor is required
<br />to be shared with or provided to others by the terms of the Statement of the Work, this provision
<br />is not breached by such acts,
<br />25. Notice:
<br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except
<br />service of process, -notice shall be -given by the Contractor to the department head of the
<br />department for whom services are rendered, and to the Kittitas County Commissioners, 205W5th
<br />Ave, Suite 108, Ellensburg, WA 98926, Notice to the Contractor for all purposes under this
<br />Agreement shall be given to the address reflected on the signature page, Notice may be given
<br />by delivery or by depositing in the U.S. Mail, first class, postage prepaid,
<br />26.. Severabilitv:
<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 applications
<br />which can be given effect without the invalid term, condition or application. To this end, the terms
<br />and conditions of this Agreement are declared severable.
<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 of its
<br />right to assert or rely upon any such provisions, rights or remedies in that or any
<br />other instance; rather the same shall be and remain in full force and effect.
<br />27.2 This Agreement, including the Prime Agreement attached hereto, embodies the
<br />entire Agreement between the County and Contractor, and supersedes any and all
<br />prior agreements, regarding the Work. No change, amendment or modification of
<br />Professional Services Agreement
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