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t'fl".ut"no,indemnifyandholdharmlesstheCounty,itsAdditionallnsured,s, <br />appointed and elective officers, agents and'employu.r, r*m <br />"nd <br />against all loss or expense, including but not <br />limited to judgments, settlements, attorney's fees and costs Oy ,uu161 t' "ny <br />and all claims and demands upon <br />the county, its Rod'itional lnsureo's, its etected or appointed o{fcials, agents, or employees for damages <br />because of personar or bodity injury, incruding death gi.?nv time resurting therefrom, sustained by any person <br />or persons and on account oi uamage t" prorl"'tv including loss of use thereof, whether such injury to persons <br />or damage to properg is due to the "*giigl".* of tne.doniractor, its sub-contractors, its elected offtcers' <br />employees or their agents, except oniy *rin injury or d;;;; as'shall have been occasioned by the sole <br />negligence of the county, its Additioni tn*rr"oL, appointeJii eiecteo officials, agents, or employees' lt is <br />further provided that no liability shall attach to the countv'nv i""ron of entering into this contract' except as <br />expressly Provided herein. <br />16. lndustrial lnsurance Waiver: <br />with respect to the performance of this Agreement and as to claims against the county, its Additional lnsured's' <br />officers, agents and employees, the coitractor expressry *"iru. itJ immunity under Title 51 of the Revised <br />Code of Washington, the lndustrial lnsurance Act, for injuries to its emptoyees and agrees that the obligations <br />to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behall <br />of any emptoyee of the contractor. This waiver is mutuilly negotiated by the parties to this Agreement' <br />17. Venue and Choice-of Law: <br />ln the event that any litigation should arise concerning the construction or interpretation olalv of the terms o: <br />this Agreement, the ven-ue of sucrr acfion oititigation In"rt n'" in the superior court of the state of washingtor <br />in and for the county of Kittitas. This Agreement shail be governed by the raw of the state of washington' <br />,l.',nffirhasfailedtoperformanyobligationtobeperformedbytheContractorunderthi: <br />Agreement within the time set forth in this Agreemeni, th6rr the County may' upon v'rritten notice' withhc{d al <br />monies due ancl payable to contractor, witiout penalty, uniil such failr-rre-to perform is cured or othewise <br />adjudicated <br />19. Future NoJr-Allocation of Funds. <br />lf sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period <br />the county will not be obligated to make payments for services or amounts incurred after the end of the curren <br />fiscal period No penalty or expense shall accrue to the County in the event this provision applies' <br />20 <br />Th e Contractor represents and <br />d <br />warrants to the CountY as follows <br />20.1 The Contractor is duly incorpo rated, validlY existing and in good standing under the laws of <br />the State of Washington, and has all requisite corPorate Power and authoritY to enter into <br />and to perfo rm its obligations under this Agreement. <br />20.2 The Contracto r has the authoritY to execute this Agreement'to make the rePresentations <br />and warranties set forth in it and to perform the obligations of the Contractor under this <br />Agreement in accordance with its terms' <br />This Agreement has been validly "*""rt"d by an authorized representative of the Contracto <br />and constitutes u outiO and legaily binding and enforceable obligation of Contractor'2A3