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and of at[ etements of additiona[ time required, and copies of any supporting <br />documents evidencing the amount or extension of time ctaimed to be due. <br />23. Ownership of ltems Produced: <br />Al,t writings, programs, data, pubtic records or other materiats prepared by the Contractor <br />and/or its consultants or sub-Contractors, in connection with the performance of this <br />Agreement shatl, be the sote and absotute property of the County. <br />24. Confidentiatity: <br />The Contractor, its emptoyees, sub-Contractors, and their emptoyees shat[ maintain the <br />confidentiatity of att information provided by the County or acquired by the Contractor in <br />performance of this Agreement, except upon the prior written consent of the Kittitas County <br />Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the <br />County. Contractor shatt immediatety give to the County notice of any judiciaI proceedings <br />seeking disctosure of such information. Contractor shatt indemnify and hol,d harmtess the <br />County, its AdditionaI lnsured's, officiats, agents or employees from alt [oss or expense, <br />inctuding, but not Limited to setttements, judgments, setoffs, attorneys'fees and costs <br />resultingfrom Contractor's breach of this provision. <br />To the extent that any information obtained by the Contractor is required to be shared with or <br />provided to others by the terms of the Statement of the Work, this provision is not breached <br />by such acts. <br />25. Notice: <br />Except as set forth etsewhere in the Agreement, for at[ purposes under this Agreement, <br />except service of process, notice shal,t be given by the Contractor to the department head of <br />the department for whom services are rendered, and to the Kittitas County Commissioners, <br />205 W 5'h Ave, Suite 108, Ettensburg, WA 98926. Notice to the Contractor for atl purposes <br />under this Agreement shatl be given to the address reftected on the signature page. Notice <br />may be given by del,ivery or by depositing in the U.S. Mait, first ctass, postage prepaid. <br />26. Severabitity: <br />lf any term or condition of this Agreement or the apptication thereof to any person(s) or <br />circumstances is hetd invatid, such invatidity shatl not affect other terms, conditions or <br />apptications which can be given effect without the invatid term, condition or apptication. To <br />this end, the terms and conditions of this Agreement are dectared severabte. <br />27. Miscettaneous: <br />27.1 The County's failure or detay to insist upon strict performance of any of the <br />provisions of this Agreement or to exercise any rights or remedies under this <br />Agreement shal.t not be construed as a waiver or retinquishment to any extent <br />of its right to assert or rety upon any such provisions, rights or remedies in that <br />or any other instance; rather the same shal.t be and remain in futl. force and <br />effect. <br />Kittitas County Professional Services Agreement <br />Page11of16