Laserfiche WebLink
18. TERMINATION DUE TO CONTRACTOR'S DEFAULT: The COUNTY <br />shall have the right to terminate this AGREEMENT, if the CONTRACTOR: <br />a. Fails to begin work under this AGREEMENT at the required times; or <br />b. Unnecessarily delays the performance of this AGREEMENT or any <br />part thereof; or <br />c. Fails to perform this AGREEMENT in accordance with specified times; <br />or <br />d. Fails to perform this AGREEMENT in accordance with directions from <br />the DIRECTOR; or <br />e. Discontinues performance of this AGREEMENT; or <br />f. Becomes insolvent or is declared bankrupt or commits any act of <br />bankruptcy or insolvency; or <br />g. Fails to pay for all labor, tools, material and/or equipment; or <br />h. Violates or fails to comply with any of the terms, covenants and <br />conditions of this AGREEMENT. <br />19. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE: The <br />COUNTY may withhold such amounts from the money due or to become payable under <br />this AGREEMENT to the CONTRACTOR as may be necessary to protect the COUNTY <br />against liability or to satisfy the obligations of the CONTRACTOR to the COUNTY. <br />20. RETURN OF GRANT BALANCE: Pursuant to HCC § 2-139(b)(3), in the <br />event the CONTRACTOR is unable or unwilling to provide the service for which the <br />grant funds were appropriated, the Director of Finance may direct the return of the full <br />grant amount or balance of the unexpended funds. Upon completion of the Program, <br />the CONTRACTOR shall return the balance of the unexpended funds. <br />21. RESPONSIBILITY: The CONTRACTOR shall be responsible for <br />damages or injury caused by the CONTRACTOR'S agents, officers, and employees in <br />the course of their employment under this AGREEMENT to the extent that the <br />CONTRACTOR'S liability for such damage or injury has been determined by a court or <br />otherwise agreed to by the CONTRACTOR, and the CONTRACTOR shall pay for such <br />damages and injury to the extent permitted by law and approved by the Legislature of <br />the State of Hawai'i. <br />22. DISPUTES: Both parties agree to make good faith efforts to resolve <br />disputes informally prior to initiating other resolution mechanisms. In the event the <br />parties cannot resolve the dispute informally, either party is free to seek appropriate <br />relief by way of non -binding arbitration or mediation upon written, mutual agreement. <br />