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indemnify and hold harmless the County, its Additional Insureds, officials, agents or <br />employees from all loss or expense, including, but not limited to settlements, judgments, <br />setoffs, attorneys' fees, and costs resulting from Contractor's breach of this provision. <br />26. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, <br />except service of process, notice shall be given by the Contractor to the department head <br />of the department for whom services are rendered, and to the Kittitas County <br />Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the <br />Contractor for all purposes under this Agreement shall be given to the address reflected <br />on the signature page. Notice may be given by delivery or by depositing in the U.S. <br />Mail, first class, postage prepaid. <br />27. Severability: <br />If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br />applications which can be given effect without the invalid term, condition, or application. <br />To this end, the terms and conditions of this Agreement are declared severable. <br />28. Miscellaneous: <br />28.1The County's failure or delay 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 shall not be construed as a waiver or relinquishment to any extent of <br />its right to assert or rely upon any such provisions, rights or remedies in that or <br />any other instance; rather the same shall be and remain in full force and effect. <br />28.2 This Agreement embodies the entire Agreement between the County and <br />Contractor, and supersedes any and all prior agreements, regarding the Work. No <br />change, amendment, or modification of any provisions of this Agreement shall be <br />valid unless set forth in a written instrument signed by the patty to be.bound <br />thereby. <br />28.3 The rights and remedies of the County set forth in any provision of this <br />Agreement are in addition to and do not in any way limit any other rights of <br />remedies afforded to the County by any other provisions of this Agreement, or by <br />law. <br />28.4The headings of sections and paragraphs of this Agreement are for convenience <br />of reference only and are not intended to restrict, affect or be of any weight in the <br />interpretation or construction of the provisions of such sections or paragraphs. <br />29. Waiver: <br />Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any <br />prior or subsequent breach. No terms or conditions of this Agreement shall be held to be <br />Professional Services Agreement <br />Page 11 of 35 <br />