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21 . Patent/Copyright lnfringement: <br />Contractor witt defend and indemnify the County from any ctaimed action, cause or demand <br />brought against the County; to the extent such action is based on the ctaim that information <br />suppl.ied by the Contractor infringes any patent or copyright. The Contractor wil.L pay those <br />costs and damages attributabLe to any such ctaims that are final.ty awarded against the <br />County in any action. Such defense and payments are conditioned upon the fottowing: <br />21.1 Contractor shatL be notified promptLy in writing by County of any notice of such <br />ctaim. <br />21.2 Contractor shal,l. have the right, hereunder, at its option and expense, to obtain <br />for the County the right to continue using the information, in the event such <br />cLaim of infringement is made, provided no reduction in performance or loss <br />resutts to the CountY. <br />22. Disputes: <br />22.1 GeneraI <br />Differences between the Contractor and the County, arising under and by <br />virtue of the Agreement Documents shaL[ be brought to the attention of the <br />County at the eartiest possible time in order that such matters may be settted, <br />or other appropriate action promptl.y taken. Except for such objections as are <br />made of record in the manner hereinafter specified and within the time Limits <br />Stated, the records, orders, instructions, and decisions of the Kittitas County <br />Commissioners shat[be final. and concLusive. <br />22.2 Notice of Potentiat <br />The Contractor shatl. not be entitted to additionaI compensation which <br />otherwise may be payabte, or to extension of time for (1) any act or faiture to act <br />by the County, or (2)the happening of any event or occurrence, untess the <br />Contractor has given the County a written Notice of PotentiaL CLaim within ten <br />(1 0) days of the commencement of the act, fail'ure, or event giving rise to the <br />cl.aim, and before final. payment by the County. The written Notice of Potential <br />Cl.aim shatt set forth the reasons for which the Contractor betieves additionat <br />compensation or extension of time is due, the nature of the cost involved, and <br />insofar as possibte, the amount of the potentiaI ctaim. Contractor shal.l. keep <br />ful.tand comptete daity records of the work performed, [abor and materiat <br />used, and al.L costs and additionai time ctaimed to be additionat. <br />22.3 Detail.ed Ctaim <br />The Contractor shattnot be entitted to c[aim any such addltionat <br />compensation, or extension of time, untess within thirty (30) days of the <br />compLetion of the portion of the work f rom which the ctaim arose, and before <br />f inat payment by the County, the Contractor has given the County a detailed <br />written statement of each etement of cost or other compensation requested <br />Krttitas County Professio nal Services Agreement <br />PagelOot2l