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and of aLl, 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 consul,tants or sub-Contractors, in connection with the performance of this <br />Agreement shaLt be the sol,e and absotute property of the county. <br />24. Confidentiatity: <br />The Contractor, its empLoyees, sub-Contractors, and their emptoyees shat[ maintain the <br />confidentiatity of att 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 shatl, immediatel,y give to the County notice of any judiciaI proceedings <br />seeking discl,osure of such information. Contractor shatl, indemnify and hol,d harmtess the <br />County, its Additional lnsured's, officiats, agents or employees from atl loss or expense' <br />incl,uding, but not Limited 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 etsewhere in the Agreement, for al,l, purposes under this Agreement' <br />except service of process, notice shal.L 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 />205 W 5,h Ave, suite 108, El.tensburg, wA 98926. Notice to the contractor for atl purposes <br />under this Agreement shatl, be given to the address refl,ected on the signature page. Notice <br />may be given by detivery or by depositing in the U.S' Mail,, first ctass, postage prepaid' <br />26. Severabitity: <br />lf any term or condition of this Agreement or the appLication thereof to any person(s) or <br />circumstances is hel,d invatid, such inval,idity shatl, not affect other terms, conditions or <br />apptications which can be given effect without the invatid term, condition or apptication. To <br />this end, the terms and conditions of this Agreement are dectared severabte' <br />27 Miscettaneous: <br />27.1 The County's faiture or del,ay 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 shat[ 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.L be and remain in ful,t force and <br />effect. <br />Kiititas Cou nty ProfessionaI Services Agreemeni <br />Page11of21