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1 8. with hal.ding P-aYment: ln the event the contractor has faited to perform any obLigation to be performed by the contractor under this Agreement within the time set forth in this Agreement, then the county may, upon written notice, withhotd att monies due and payabte to contractor' without penatty, until. such faiture to perform is cured or othenruise adjudicated' 1 9. tuturaNg-n A[oealigxef funds: lf suflicient funds are not appropriated or attocated for payment under this Agreement for any future fiscat period, the Countywitt not be obLi$ated to make payments for seruices or amounts incurred after the end of the current fiscal period' No penal"ty or expense sha[[ accrue to the County in the event this provision appties' 2A The Contracto 20.1 20.2 20.3 20.4 20.5 20.6 r represents and warrants to the County as fotlows: The contractor is duty incorporated, vatidty existing and in good standing under the iaws of the state of washington and has al'[ requisite corporate powerandauthoritytoenterintoandtoperformitsobl.igationsunderthis Agreement. The contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obl'igations of the contractor under this Agreement in accordance with its terms' This Agreement has been vatidty executed by an authorized representative of the Contractor and constitutes a vatid and I'egal'ty binding and enforceabte obti$ation of Contractor' The contractor has or witi obtain prior to the commencement date such licenses, permits and other authorizations from federat, state and other governmentaL authoritieS, aS are necess ary'f or the performance of its obtigations under this A$reement' TheContractorisnotinvioLationofanyapp[icabtetaw'ordinanceor regul.ationtheconsequenceofwhichwitl'ormaymateriattyaffect contractor,s abiLity to perform its obl,igations under this Agreement' The contractor is not subject to any order or judgment of any cou rt, tribunaI or governmentar agency which material,l,y and adversel'y affects its operations or assets in the State of Washington, or its abitity to perform its obti$ations under this Agreement. None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedutes furnished or to be furnished by contractor pursuant hereto or in connection with the performance of the obtigations contemplated under this Agreement' contains or wiLl. contain any untrue statement of a materiaL fact or omits or wiil. omit to state a material fact necessary to make the statements of fact contained therein not misleading. Kittitas County Professional Services Agreement Page I of 20