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1 B. W-j.th.bsLdinglaYment: <br />ln the event the contractor has fail,ed to perform any obtigation to be performed by the <br />contractor under this Agreement within the time set forth in this Agreement' then the county <br />may, upon Written notice, withhoLd attmonies due and payabte to Contractor, without <br />penatty, untit such faiture to perform is cured or otheruvise adjudicated' <br />1 9. Eu-tueN o-n:Allrc-ati on-aff-unds : <br />lf sufficient funds are not appropriated or attocated for payment under this Agreement for any <br />future fiscat period, the countywil,l. not be obLigated to make payments for services or <br />amou nts incurred after the end of the current tiscat period' No penal'ty or expense shatl <br />accrue to the County in the event this provision appl'ies' <br />20. <br />The Contractor reP resents and warrants to the County as fottows <br />2O.1 The Contractor is duty incorporated, vatidLy existin$and in good standing <br />unde r the laws of the State of Washington and has atl requisite corPorate <br />r and authority to enter into and to perform its obti gations under thispowe <br />24.2 <br />20.3 <br />20.4 <br />20.5 <br />20.6 <br />Agreement. <br />TheContractorhastheauthoritytoexecutethisAgreement,tomakethe <br />representations and warranties set forth in it and to perform the obl'igations <br />oftheContractorunderthisAgreementinaccordancewithitsterms. <br />This Agreement has been val,idLy executed by an authorized representative <br />of the Contractor and constitutes a valid and tega[l'y binding and <br />enforceable obligation of Contractor' <br />The Contractor has or wiLl' obtain prior to the commencement date such <br />l'icenses, permits and other authorizations f rom federat, State and other <br />governmental' authorities, as are necessary for the performance of its <br />obtigations under this Agreement' <br />TheContractorisnotinviolationofanyappiicabte[aw,ordinanceor <br />regul.ation the consequence of which witt or may materiaLty affect <br />Contractor,s abil.ityto perform its obl'igations underthis Asreement. The <br />Contractorisnotsubjecttoanyorderorjudgmentofanycourt,tribunator <br />governmentat agency which materiaLty and adversety affects its operations <br />or assets in the state of Washington, or its abitity to perform its obtigations <br />underthis Agreement' <br />NoneoftherepresentationsorWarrantiesinthisAgreement,andnoneof <br />thedocuments,statements,certificatesorschedulesfurnishedortobe <br />furnished by Contractor pursuant hereto or in connection with the <br />performance of the obtigations contemptated underthis Agreement' <br />contains or witL contain any untrue statement of a materiat fact or omits or <br />wil.l omit to state a materia|. fact necessary to make the statements of fact <br />contained therein not misteading' <br />Kititas County Professionai Services Agreement <br />Page9oflg