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18.@: <br />ln the event the Contractor has faiLed to perform any obLigation 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, withhol,d att monies due and payabl'e to contractor' without <br />penaLty, untit such faiture to perform is cured or otheruuise adjudicated' <br />19. Future Non-Al'l.ocatlon of Funds: <br />lf suff icient funds are not appropriated or al'l'ocated for payment under this Agreement for any <br />future fiscat period, the County wil.t not be obLigated to make payments for services or <br />amounts incurred after the end of the current fiscat period' No penatty or expense shatL <br />accrue to the County in the event this provision appties' <br />20 <br />Th r represents and warrants to the County as fottows: <br />The contractor is duty incorporated, vaLidty existing and in good standing <br />under the Laws of the state of washington and has aLL requisite corporate <br />power and authorityto enter into and to perform its obligatlons under this <br />Agreement. <br />The contractor has the authority to execute this Agreement, to make the <br />representations and Warranties set forth in it and to perform the obligations <br />oftheContractorunderthisAgreementinaccordancewithitstermS. <br />This Agreement has been vaLidl.y executed by an authorized representative <br />of the Contractor and constltutes a val'id and I'egaLty binding and <br />enforceabl.e obl i gation of Contractor' <br />TheContractorhasorwitLobtainpriortothecommencementdatesuch <br />[icenses, permits and other authorizations f rom federat, state and other <br />governmentaIauthorities,asarenecessaryfortheperformanceofits <br />obl.igations under this Agreement' <br />TheContractorisnotinviol'ationofanyappticabl'e[aw,ordinanceor <br />regul,ation the consequence of which wil'1. or may material'Ly affect <br />contractor's abil.ity to perform its obl.igations under this Agreement' The <br />ContractorisnotsunjecttoanyorderorjudgmentofanyCourt,tribuna|!or <br />governmentaL agency which material,Ly and adversel,y affects its operations <br />or assets in the State of Washington, or its abil.ity to perform its obiigations <br />under this A$reement. <br />None of the representations or warranties in this Agreement, and none of <br />the documents, statements, certiflcates or schedutes furnished or to be <br />furnishedbyContractorpursUantheretoorInconnectionwiththe <br />performanceoftheobl.igationscontempLatedunderthisAgreement, <br />contains or wil.l, contain any untrue statement of a materiaI fact or omits or <br />wiil. omit to state a materiaL fact necessary to make the statements of fact <br />contained therein not misteading' <br />e Contracto <br />20.1 <br />20.2 <br />20.3 <br />20.4 <br />20.5 <br />20.6 <br />Kittitas County Professionat Services Agreement <br />Page I ol 21