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Contractor, its sub-Contractors, its elected officers, employees or their agents, except only such injuryor damage as shall have been occasioned by the sole negligence of the County, its Addltional lnsure-ds, appointed or elected officials, agents, or employees. lt is further provided that no liability sfrall attach to the County by reason of entering into this contract, except as expressly provided herein. Agreement. 17. V-enue and Choice of Law: ln the event tnat any iiiflIii6n*should arise concerning the construction or interpretation of any of the terms oitf,iJngr*ement, the venue of such action of litigation shall be in the Superior Court of the State-of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington' 18. Withholdins Pavmqnt: ln tneEEiltne Cilniffiior has failed to perform any obligation to be performed by the C--ntractor underthis Agreement within the time setforth in this Agreement, then the County filay, upon written nott", withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or othenruise adjudicated' With respect to the performance of this Ag reement and as to claims against the County, its Additional lnsureds, officers, agents and employees,the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washingto n, the lndustrial lnsurance Act, for injuries to its employees and agrees that the obligations to indemnifo, defend and hold harmless provided in this agreement extend to anY claim bro ught by or on behalf of anY employee of the Co ntractor. This waiver is mutual ly negotiated by the parties to this 19 tf funds are not or allocated for payment under this Agreement for any future fiscal period,the County will not be obligated to make payments for services or amounts incured after the end of the current fiscal Period No penalty or expense shall accrue to the County in the event this provision applies. The represents an to the ounty as lows: 2O.1 The Contractor is duly incorporated, validly 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 obligations under this 16 24.2 Professional Services Agreement (rev. O912412O18) Page 7 of 17 Agreement. T[e Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. 24.