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and of atl etements of additionat time required, and copies of any supporting <br />documents evidencing the amount or extension of time ctaimed to be due. <br />23. O-wnsnhjB-of ltems Produced: <br />ALt writings, prograrns, data, public records or other materiats prepared by the Contractor <br />and/or its consuttants or sub-Contractors, in connection with the performance of this <br />Agreement shatl be the sote and absotute property of the County. <br />24. eonfidediali&: <br />The Contractor, its emptoyees, sub-Contractors, and their employees sha([ maintain the <br />confidentiatity of atl. information provided bythe County or acquired bythe Contractor in <br />performance of this Agreement, except upon the prior written consent of the Kittitas County <br />Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the <br />County. Contractor shatl immediatety give to the County notice of any judiciaI proceedings <br />seeking disctosure of such information. Contractor shatt indemnifu and hotd harmtess the <br />County, its Additionat lnsured's, officiats, agents or emptoyees from atl loss or expense, <br />incLuding, but not timited to setttements, judgments, setoffs, attorneys'fees and costs <br />resuLting from Contractor's breach of this provision. <br />To the e)dent that any information obtained by the Contractor is required to be shared with or <br />provided to others by the terms of the Statement of the Work, this provision is not breached <br />by such acts. <br />25. Notice: <br />Except as set forth etsewhere in the Agreement, for atl purposes under this Agreement, <br />except service of process, notice shatt be given bythe Contractor to the department head of <br />the department forwhom services are rendered, and to the Kittitas County Commissioners, <br />205 W 5,h Ave, Suite 108, ELl.ensburg, WA 98926. Notice to the Contractor for atl purposes <br />under this Agreernent shatl. be given to the address reflected on the signature page. Notice <br />may be given by detivery or by depositing in the U.S. Mait, first ctass, postage prepaid. <br />26. S,eyerabillty: <br />lf any term or condition of this Agreement or the appLication thereof to any person(s) or <br />circumstances is heid inval.id, such invatidity shatl not affect otherterms, conditions or <br />apptications which can be given effect without the invatid term, condition or apptication. To <br />this end, the terms and conditions of this Agreement are declared severabte- <br />27. flisc-ellanesus: <br />27 .1 The County's failure or del,ay 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 shat[ not be construed as a waiver or relinquishment to any extent <br />of its right to assert or rety upon any such provisions, rights or remedies in that <br />or any other Instance; rather the same shatt be and remain in fult force and <br />effect. <br />Kittitas Cou nty Professio nal Services Agreement <br />Pace11 ot2A