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and of al[ el.ements of additionaL time required, and copies of any supporting documentsevidencingtheamountorextensionoftimectaimedtobedue. 23. Ou(tre ishrp qfjlemsf$-drc-e-d: Atl writings, progr.*"-O.tu, pubtic records or other materiats prepared bythe Contractor and/or its consuttants or sub-contractors, in connectjon with the performance of this Agreement shati be the sote and absolute property of the County' 24. ConIrle-ntiality: The contractor, its employees, sub-contractors, and their emptoyees shatt maintain the confidentiatity of att information provided by the county or acquired by the contractor in performance of this Agreement, except upon the priorwritten consent of the Kittitas county prosecutingAttorney or an order entered by a court after having acquired jurisdiction overthe County. Contractor shatl immediatety givato the County notice of any judiciat proceedings seeking disctosure of such information. Contractor shatl' indemnify and hold harmtess the county, its AdditionaL lnsured's, officiats, agents or emptoyees from atL toss or expense' inctuding, but not timited to setttements, judgments, setoffs, attorneys'fees and costs resuttingfrom Contractor's breach of this provision' To the extent that any information obtained bythe contractor is required to be shared with or provided to others by the terms of the Statemlnt of the Work, this provision is not breached by such acts. 25. Notice: Except as set forth etsewhere in the Agreement, for ati purposes under this Agreement' except service of process, notice shalL be given by the contractor to the department head of the department for whom services ,ra ,.unlur*d, and to the Kittitas County Commissioners' 205 W 5,h Ave, suite 108, Ettensburg, wA 98926. Notice to the contractor for a[[ purposes under this Agreernent shatt be given to the address reftected on the signature page' Notice may be given by detivery or by Olpositing in the U'S. Mait, first ctass, postage prepaid' 26. $sv-e-rahltity: lf any term or condition of this Agreement or the apptication thereof to any person(s) or circumstances is hetd inval.id, such invatidity shatl' not affect other terms' conditions or appl.ications which can be given effect without the invatid term' condition or application' To thisend,thetermsandconditionsofthisAgreementaredeclaredseverab[e. 27. [,lis-c-eLla ng*o-us: 27'lTheCounty,sfail'ureordetaytoinsistuponstrictperformanceofanyofthe provisionsofthisAgreementortoexerciseanyrightsorremediesunderthis Agreementshaltnotbeconstruedasawaiverorretinquishmenttoanyextent ofitsri$httoassertorreiyuponanysuchprovisions,rightsorremediesinthat or any other instance; rathe;the same shal.L be and remain in futlforce and etfect. Kirtitas County Professionat Services Agreement Page 11 of19