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21" Patenticopyright lnfringement: <br />ctaimed action' cause or demand <br />contractorwiLt defend and indemnifythe countyfrom any <br />brought against the county; to the extent such action is based on the cLaim that information <br />suppLied by the Contractor inf ringes any patent or copyright. The Contractor witt pay those <br />costs and damages attributabl.e to any such cl.aims that are finatty awarded against the <br />County in any action. Such defense and payments are conditioned upon the fottowing: <br />21.1 Contractor sha1t be notified promptLy in writing by County of any notice of such <br />ctaim. <br />21.2 Contractor shatt 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 />cl.aim of infringement is made, provided no reduction in performance or loss <br />resutts to the CountY' <br />22. Disputes: <br />22.1 <br />ffi*""s between the contractor and the county, arising under and by <br />virtue of the Agreement Documents shaLl, be brought to the attention of the <br />County at the eartiest possibte time in order that Such matters may be settted' <br />or other appropriate action promptty taken. Except for such objections as are <br />made of record in the manner hereinafter specified and within the time timits <br />stated, the records, orders, instructions, and decisions of the Klttitas county <br />Co m m isslone rs shal'[ be fi na I' a nd conctusive' <br />22.2 Notice of Potentiat Claims <br />The contractor sha[L not be entitl.ed to additionaI compensation which <br />otherwise may be payabl.e, or to extension of time for (1) any act or failure 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 cl'aim within ten <br />(1 0) days of the commencement of the act, fai|ure, or event giving rise to the <br />ctaim, and before finai payment by the county. The written Notice of Potential' <br />Cl,aim shatt set forth the reasons for which the Contractor betieves additional' <br />compensation or extension of time is due, the nature of the cost invotved' and <br />insofar as possibte, the amount of the potential' c[aim. contractor shal'L keep <br />ful,l. and comptete dail'y records of the work performed' I'abor and materia[ <br />used, and al.t costs and additionat time claimed to be additional' <br />22.3 DetaiLed Cl,aim <br />The Contractor shatl. not be entitl.ed to ctaim any such additionaL <br />compensation, or extension of time, untess within thirty (30) days of the <br />comptetion of the portion of the work f rom which the claim arose, and before <br />final. 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 />Kittitas County Prof essional Services Agreement <br />PagelOot2l