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1 8. WithhotdingPayment: ln the event the Contractor has faited to perform any obl.isation to be pedormed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhotd al.t monies due and payabte to Contractor, without penatty, until, such failure to perform is cured or otherwise adjudicated. 1 9. Futur:e-Non:Allocation of Funds: lf sufficient funds are not appropriated or aLlocated for payment under this Agreement for any future fiscat period, the county witt not be obtigated to make payments for services or amounts incurred after the end of the current fiscat period. No penal.ty or expense shatt accrue to the County in the event this provision applies. 2 O. C. o nt ra ctoj C-onun itm e n Ls-Wa r rantj e s a n d.Beplesgnlau.an$ : The contractor represents and warrants to the county as fo[[ows: 2A.1 The Contractor is duty incorporated, vatidty existing and in good standing under the Laws of the state of washington and has aLl. requisite corporate power and authority to enter into and to perform its obtigations under this Agreement' 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obtigations of the contractor under this Agreement in accordance with its terms. 20.g This Agreement has been validLy executed by an authorized representative of the Contractor and constitutes a vaLid and tegatty binding and enforceable obtigation of Contractor' 2A.4 The Contractor has or witt obtain prior to the commencement date such licenses, permits and other authorizations from federa[, state and other governmental authorities, as are necessary for the performance of its obLigations under this Agreement- 20.S The Contractor is not in viol.ation of any appl,icable [aw, ordinance or regulation the consequence of which will, or may materialty affect Contractor's abil.ity to perform its obtigations under this Agreement. The contractor is not subject to any order or judgment of any court, tribunal or governmentat agency which materiatty and adversety affects its operations or assets in the State of Washington, or its abiiity to perform its obtigations under this Agreement. 20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedutes furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obLigations contemptated under this Agreement' contains or will. contain any untrue statement of a material fact or omits or wil,l, omit to state a materiat fact necessary to make the statements of fact contained therein not misteading. Kittitas Co u nty Professi ona I Se rvices Agreeme nt Page I of 20