PSA between Habitat for Humanities and KC Amendment 1

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If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. LeM n i n fob l?li Q�-v enom : The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on y the County at any time deleted or uncompleted work. Termination ult or conveniencegshall not reement bonstitute a breach of contract du ring the term, whether fordefa by the County. 15. Defesue $ I..ntde.rn.nity-A_g-reMFUM: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insureds, appointed and elective officers, agents and employees, from and against all loss or expense, including but not Limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resuLtingtherefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected ofPiciats, agents, or employees_ It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. I nd�strial_lry�t��t�r: With respect to the performance of this Agreement and as to ctaims against the County, its Additional Insured's, officers, agents and employees, the Contractor expresslywaives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harm Less provided in this agree 'Nen�'►erisdmuwally ni gat a ed by the parties to this employee of the Contractor. This Agreement. Kittitas County Professional Services Agreement Page 8 of 20