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2 1 . PatenUQopyrish-tlnfringemenr; <br />contractor witt defend and indemnify the county f rom any ctaimed action, cause or demand <br />brought against the County; to the extent such action is based on the cl"aim that information <br />supptied by the contractor inf ringes any patent or copyright. The contractor wiLt pay those <br />costs and damages attributabte to any such ctaims that are finaLty awarded against the <br />County in any action. Such defense and payments are conditioned upon the fotLowing: <br />21.1 contractor shatt be notified promptty in writing by county of any notice of such <br />ctaim. <br />21.2 Contractor shatt have the right, hereunder, at its option and expense, to obtain <br />for the county the right to continue using the information, in the event such <br />ctaim of infringement is made, provided no reduction in perforrnance or loss <br />resutts to the CountY. <br />22. DjspJjte-s: <br />22.1 9eneral <br />Differences between the contractor and the county, arising under and by <br />virtue of the Agreement Documents shatt be brought to the attention of the <br />county at the eartiest possibte time in orderthat such matters may be settLed' <br />or other appropriate action promptLy taken. Except for such obiections as are <br />made of record in the manner hereinafter specified and within the time timits <br />stated, the records, orders, instructions, and decisions of the Kittitas county <br />Commissioners shatl be final' and conclusive' <br />22.2 [Lq-tisepjPst-entlalQ-Lanrs <br />The contractor shatt not be entitl,ed to additional compensation which <br />otherwise may be payabl.e, or to extension of time for (1 ) any act or failure to act <br />bythe County, or (2) the happening of any event or occurrence' unless the <br />Contractor has given the County a written Notice of Potential' Ctaim within ten <br />(10) days of the commencement of the act, failure, or event giving rise to the <br />ctaim, and before finat payment by the county' The written Notice of PotentiaI <br />Ctaim shatt set forth the reasons for which the Contractor betieves additional' <br />compensation or extension of time is due, the nature of the cost invotved' a'nd <br />insofar as possibte, the amount of the potentiat cLaim- contractor shat[ keep <br />ful.t and complete daiLy records of the work performed, labor and material <br />used,andatl.costsandadditionattimectaimedtobeadditional' <br />22.3 _D*slaile-d-c-taim <br />The contractor shalL not be entitled to cl,aim any such additional' <br />compensation, or extension of time, untess within thirty (30)days of the <br />comptetion of the poftion of theworkfromwhichthe claim arose, and before <br />finat payment by the county, the contractor has given the county a detaited <br />written statement of each etement of cost or other compensation requested <br />Kittitas County Prolessio naI Services Agreement <br />Page 10of19