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construed to preclude the COUNTY from exercising any other or further legal or equitable right to protect its interests. 26. FORUM SELECTION: No action or proceeding involving this AGREEMENT shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of,Hawai'i, State of Hawai'i, and no action commenced in such court shall be removed or transferred to any other state or federal court. 27. CONTRACTOR'S FAILURE TO COMPLY WITH ALL REQUIREMENTS OF CONTRACTUAL CONDITIONS: The CONTRACTOR's failure to comply with any and all of the conditions of this AGREEMENT referenced herein and made a part hereof, may result in the denial or rejection of future funding to the CONTRACTOR from the COUNTY. 28. CONSTRUCTION OF CONTRACT: The masculine shall be deemed to embrace and include the feminine and the singular shall be deemed to embrace and include the plural whenever required in the context of this AGREEMENT. 29. NON DEBARMENT REQUIREMENTS: The CONTRACTOR certifies, and, if the County, State of Hawai'i or the United States Federal government requires, shall further certify that they were not debarred by the State of Hawai'i or the United States Federal government at the time of submitting a proposal, and hereby certifies and will further certify that the CONTRACTOR shall immediately notify the COUNTY should their debarment status change anytime during the AGREEMENT period. 30. CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS PROHIBITED: CONTRACTOR agrees to comply with HRS Section 11-355, which states that campaign contributions are prohibited from a State and County government CONTRACTOR during the term of the contract if the CONTRACTOR is paid with funds appropriated by the legislative body between the execution of the contract through the completion of the contract. 31. CODE OF ETHICS: Contractor has complied with Hawai'i County Code §2-83(c), if applicable. Contractor understands and agrees that this contract shall be void if an officer or employee fails to comply with the disclosure requirements set forth in §2-83(c), or if the Board of Ethics finds there is a conflict of interest, or any preferential treatment involved. 32. EXEMPTION: This AGREEMENT is exempt from Chapter 103D, Hawai'i Revised Statutes, pursuant to 103D-102(b)(2)(A). 33. CONTROLLING LAW: This AGREEMENT is to be governed by the laws of the State of Hawai'i.