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21 . P-atq.nVCopyriehilxfdngement; <br />Contractorwittdefend and indemnifythe Countyfrom anyctaimed action, cause ordemand <br />brought against the County; to the extent such action is based on the cLaim that information <br />supptied bythe Contractor infringes any patent or copyright' The Contractorwitt paythose <br />costs and damages attributabte to any such ctaims that are final'ty awarded against the <br />County in any action. Such defense and payments are conditioned upon the fol'towing: <br />21.1 Contractor shatt be notified promptty in Writing by County of any notice of such <br />c[aim. <br />2.1 .2 contractor shau. have the right, hereunder, at its option and expense, to obtain <br />forthe Countythe rightto continue usingthe information, inthe eventsuch <br />cl.aim of infringement is made, provided no reduction in performance or loss <br />resutts to the County. <br />22.Dispulss: <br />22.',|General <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 possible time in order that such matters may be settted, <br />or other appropriate action promptty taken. Except for such objections as are <br />made of record in the manner hereinafter specified and within the time limits <br />stated, the recordS, orders, instructions, and decisions of the KittitaS County <br />Commissioners shatt be finaL and conctusive. <br />22.2 Molica-otPotentiaGtainns <br />The Contractor shatt not be entitted to additionaI compensation which <br />otherurise may be payabte, or to extension of time for (1) any act or failure to act <br />by the county, or (2) the happening of any event or occurrence, untess the <br />contractor has given the county a written Notice of Potentiat ctaim within ten <br />(10) days of the commencement of the act, faiture, or event giving rise to the <br />ctaim, and before finaL payment by the County. The written Notice of Potential <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, and <br />insofar as possibl.e, the amount of the potential, ctaim. Contractor shatl' keep <br />ful.t and comptete daity records of the work performed, [abor and material <br />used, and atL costs and additional time ctaimed to be additionat' <br />22.3.Delaile!-elaim <br />The contractor shatl, not be entitted to cl.aim any such additionaL <br />compensation, or extension of time, unless within thirty (30) days of the <br />compietion of the portion of the work from which the cLaim arose, and before <br />final. 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 ProfessionaI Services Agreement <br />Page 10 ol 19