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or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by <br />the County in completingthe work, and all damage sustained, orwhich may be sustained by <br />the County by reason of such default. <br />If a notice of termination for default has been issued and it is later determined for any reason <br />that the Contractor was not in default, the rights and obligations of the parties shall be the <br />same as if the notice of termination had been issued pursuant to the Termination for Public <br />Convenience paragraph hereof. <br />14. Tprmination for PubliccC_o__nyenii_e ce_: <br />The County may terminate the Agreement in whole or in part whenever the County <br />determines, in its sole discretion that such termination is in the best interests of the County. <br />Whenever the Agreement is terminated in accordance with this paragraph, the Contractor <br />shall be entitled to payment for actual work performed at unit contract prices for completed <br />items of work. In the event of such termination, an equitable adjustment shall be made in the <br />compensation payable to Contractor. <br />An equitable adjustment in the contract price for partially completed items of work will be <br />made, but such adjustment shall not include provision for loss of anticipated profit on <br />deleted or uncompleted work. Termination of this Agreement by the County at any time <br />during the term, whether for default or convenience, shall not constitute a breach of contract <br />by the County. <br />15. De <br />fense & Indem Ay_Agr_e_e_n�: <br />The Contractor agrees to and shall defend, indemnify and hold harmless the County, its <br />Additional Insured's, appointed and elective officers, agents and employees, from and <br />against all loss or expense, including but not limited to judgments, settlements, attorney's <br />fees and costs by reason of any and all claims and demands upon the County, its Additional <br />Insured's, its elected or appointed officials, agents, or employees for damages because of <br />personal or bodily injury, including death at any time resulting therefrom, sustained by any <br />person or persons and on account of damage to property including loss of use thereof, <br />whether such injury to persons or damage to property is due to the negligence of the <br />Contractor, its sub -Contractors, its elected officers, employees or their agents, except only <br />such injury or damage as shall have been occasioned by the sole negligence of the County, its <br />Additional Insured's, appointed or elected officials, agents, or employees. It is further <br />provided that no liability shall attach to the County by reason of entering into this contract, <br />except as expressly provided herein. <br />16. Industrial Insurance Waiver: <br />With respect to the performance of this Agreement and as to claims against the County, its <br />Additional Insured's, officers, agents and employees, the Contractor expressly waives its <br />Kittitas County Professional Services Agreement <br />Page 8 of 22 <br />