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*" <br />TheCountymayterminatetheAgreementinwho[eorinpafiwhenevertheCounry <br />determines, in its sole discretion that such termination is in the best interests of the county' <br />whenever the Agreement is terminated in accordance with this paragraph, th: coTractor <br />shal.l. be entitLed to payment for actuat work performed at unit contract prices for compteted <br />items of work. ln the event of such termination, an equitabl'e adiustment shaLt be made in the <br />compensation payabte to contractor' <br />An equitable adjustment in the contract price for partialty compteted items of work witt be <br />made, but such adjustment shal"t not include provision for loss of anticipated profit on <br />deLeted or uncompleted work. Termination oitnir Agreement by the county at anytime <br />du ring the term, whether for defau[t or convenience, shatt not constitute a breach of contract <br />bythe CountY. <br />1 5. D-ele-n$es,lncremdlyAgisamenl: <br />The contrac,o, "gr.", to und "hutt <br />defend, indemnifu and hold harmless the county' its <br />Additionat lnsured's, appointed and elective officers, agents and emptoyees' from and <br />against at{. toss or expense, including but not timited to judgments' setttements' attorney's <br />fees and costs by reason of any and att ctaims and demands upon the Counry' its Additional <br />lnsured,s, its el.ected or appointed officia[s, agents, or employees for damages because of <br />personat or bodity inju ry, inctuding death at any time resutting therefrom' sustained by any <br />person or persons and on account of damage io property inctuding loss of use thereof' <br />whether such injury to persons or damage to property is due to the negLigence of the <br />contractor, its sub-contractors, its etected officers, emptoyees or their agents' except cnty <br />such injury or damage as shaLt have been occasioned by the sole negtigence of the county' its <br />Additionat lnsured's, appointed or ete cted officiats, agents, or emptoyees' lt is further <br />provided that no tlabitity shal.t attach to the county by reason of entering into this contract' <br />except as expressty provided herein' <br />1 6. tnctu$-ti allns-ura nce Wa ive r: <br />with respectto the performance of this Agreement and as to ctairns againstthe county' its <br />Additional. lnsured,s, officers, agents ana <br />-emptoyees, <br />the Contractor expresstywaives its <br />immuniry underTitte 51 of the Hevised Code of Washington' the lndustriaI lnsurance Act' for <br />injuries to its emptoyees and agrees that the obtigations to indemnify' defend and hoLd <br />harmLess provided in this agreement extend to any ctaim brought by or on behalf of any <br />emptoyee of the contractoi. This waiver is mutuatLy negotiated by the parties to this <br />Agreement. <br />1 7. V-e.nl.te-a n d -C.hplc-e-p,f La-w: <br />ln the event that any iitigation shoutd arise concerning the construction or interpretation of <br />any of the terms of this Agr*"t"nt, the venue of such action of titigation shatt be in the <br />Superior Courl of the State of Washington in and for the County of Kittitas' This Agreement <br />shal.t be governed by the I'aw of the State of Washington' <br />Kittitas Co unty Professionat Services Agreement <br />Page8oi19