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and of atl eLements 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 />ALL writings, programs, data, pubLic records or other materiats prepared bythe contractor <br />and/or its consuttants or sub-Contractors, in connection with the performance of this <br />Agreement shal,t be the sote and absolute property of the County. <br />24. Confidentiatity: <br />The Contractor, its empl.oyees, sub-Contractors, and their emptoyees shat[ maintain the <br />confidentiatity of atl, 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 shal,t immediatel.y give to the County notice of any judicial proceedings <br />seeking disctosure of such information. Contractor shal,L indemnify and hol,d harmtess the <br />County, its AdditionaI lnsured's, officiats, agents or emptoyees from at[ loss or expense, <br />incLuding, but not timited to settl,ements, 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 forth el.sewhere in the Agreement, for al[ purposes under this Agreement, <br />except service of process, notice shaLl. be given by the Contractor to the department head of <br />the department for whom services are rendered, and to the Kittitas County Commissioners, <br />2OS W 5,h Ave, Suite 108, El.tensburg, WA 98926. Notice to the Contractor for at[ purposes <br />under this Agreement shatL be given to the address reftected on the signature page. Notice <br />may be given by del.ivery or by depositing in the U.S. Mait, first class, postage prepaid. <br />26. Severabitity: <br />lf any term or condition of this Agreement or the apptication thereof to any person(s) or <br />circumstances is hel.d inval,id, such inval,idity shatl, not affect other terms, conditions or <br />app1ications which can be given effect without the inval.id term, condition or apptication. To <br />this end, the terms and conditions of this Agreement are dectared severabte. <br />27. Miscellaneous: <br />27.1 The County's faiture or detay 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 rel.y upon any such provisions, rights or remedies in that <br />or any other instance; rather the same shal.l, be and remain in ful.l' force and <br />effect. <br />Kittitas County ProfessionaI Services Agreement <br />Page1loI20