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its Additional lneureds, appointed or eleeted officlals, agents, or omployees. lt ls further <br />plovided that no liabllity ehall attach to the County by reason of entefing into thls contmc't, <br />except as expresdy ptovided herein. <br />1 6, lndusttial lnsunance Waiven <br />With respeot to the performance of this Agreennnt and as b clalms agalnst the County, its <br />Addifional lnsureds, offcers, ggents and employees, the Contnactor expressly waives lts <br />immunity underTltle 51 of the Revised Code of Washington, the lndustrial lnsurance Act, <br />for injurles to its employees and agrses that the obligations to indemnify, defend and hold <br />harmless provided in thls agreernent extend to any claim brought by or on behalf of any <br />employee of the Contraetor. Thls watuer is mutually negotlated by the pailles to this <br />{grcement, <br />17. Venue an{Cholce.gf,Law: <br />ln the event frat any litigation should arlse concernirg the construction or interpretation of <br />any of the terms of fftis Agreement, the venue of such action of lltigathn shall be in the <br />SuperlorCourtoftheStateofWashlngtonlnandfortheGountyofKittitas. ThisAgreernent <br />shall be govemed by the law of the State of Washlngton. <br />1 8. \A/ithhoHins Paurcnt: <br />ln the event the Contractor has failed to perform arry obligat'ron to be perfonned by trre <br />Conhac.tor under this Agreement within the tirne set for{r in flris Agreement, then the Coung <br />may, upon written notlce, withttold all monies due and peyable to Contractor, without <br />penalty, untilsuch falluneto perform is cured orotherwisa adludicated. <br />19. Future trlon4llocat'lon of Fundg: <br />lf eufficlent funds are not apprcpftated or allocated for payment under this Agreement for <br />any fulure flscal period, the County will not be obligated to make paynents for seMces or <br />amounts incuned after the end of the cunent liscal perind. No penalty or e:pense shall <br />accrue to the County in the eyent this pruvision applies. <br />2 0. Qo ntmcfu r C_onmitmentE. Wa rnanties a nd Renrese ntations: <br />The Contractor rcpresents and wanants to the County as follows: <br />2o.1 The Contrac.toris duly incorporated, validly existing and in good standing <br />underthe laws of the State of Washington, and has allrequlsite corponate <br />powerand authorityto enter irrto and to perform its obligations underthis <br />Agreement <br />2O.2 The Contractor has the authorlty to execute this Agreement, to make the <br />representathns and warranties set forth in it and to perform the <br />obligations of tlre Contractor underthis Agreement in accodance with its <br />terms <br />20.3 This Agreernent has been valldly executed by an authorized <br />representative of the Contractor and conrtifutes a valid and legally <br />binding and snforceable obligation of Contractor. <br />Professlonal $oMces Agreemenl (rev. 09 nq2o,18l <br />Pago 7 of18