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1 B - Wi-thholding-PaYment: ln the event the contractor has faiLed to perform any obl'igation to be performed by the contractor underthis Agreementwithin the time setforth in this Agreement, then the county may,uponWrittennotice,withhol'dal,tmonjesdueandpayabtetocontractor,without penatty,untitsuchfailuretoperformiscuredorotherwiseadjudicated' 1 9. EulrrrsNon:AllocationqlF-$ds: lf sufficient funds are not appropriated or al'l'ocated for payment under this Agreement for any future fiscat period, the county wiLl not be obtigated to make payments for services or amountsincurredaftertheendoftnecurrentfTscatperiod' Nopenattyorexpenseshatl accruetotheCountyintheeventthisprovisionappties. 20. The Contractor rePresents and warrants to the county as fotlows 20.1 The Contractor is duty incorporated, validty existing and in good standing underthe taws of the State of Washington and has a tl requisite corporate power and auth ority to enter into and to perform its o btigations under this 24.2 20.3 20.4 20.5 2A-6 Agreement. The contractor has the authority to execute this Agreement, to make the representationsandw,r,.anti"..,etforthinitandtoperformtheobtigationS of the Contractor under this Agreement in accordance with its terms" ThisAgreementhasbeenval,idl,yexecutedbyanauthorizedrepresentative of the contraetor and constitutes a vatid and tegatty binding and enforceabte obLigation of Contractor' The Contractor has or wil'l' obtain priorto the commencement date such licenses, permits and other authorizations f rom federat' state and other governmentat authorities' as are necessary for the performance of its obLigations under this Agreement' The Contractor is not in vioLation of any appticabte taw' ordinance or regutation the consequence of which wiLl' or may material'Ly affect Contractor,sabil.ityto'p"'.ro'*itsobtigationsunderthisAgreement.The Contractor is not subject to any order or judgment ",t tY t-:::t' tribunat or governmentat agenci which materiatty and adversely affects its operations orassetsintnestateofWashington,oritsabil'itytoperformitsobtigations under this Agreement. None of the representations or warranties in this Agreement' and none of thedocuments,statements,certificatesorschedutesfurnishedortobe furnished by Contractor pursuant hereto or in connection with the performance of the obtigations contemptated under this Agreement' containsorwitt"ont"inunyuntruestatementofamateriatfactoromitsor witl omit to state a materiai fact necessary to make the statements of fact contained therein not misteading' Kittitas County Professionat Servlces Agreement Pagegoflg