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23. AUTHORITY OF THE DIRECTOR: The DIRECTOR shall decide any
<br />question or dispute concerning any provision of this AGREEMENT, which may arise
<br />during its performance. The DIRECTOR's decision shall be final and binding upon all
<br />parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous
<br />as necessarily to imply bad faith or is not supported by substantial evidence, provided
<br />that nothing herein shall be construed as making final and binding any decision of the
<br />DIRECTOR on a question of law. Pending final decision of any dispute or question, the
<br />CONTRACTOR shall proceed diligently with the performance under this AGREEMENT
<br />in accordance with the decision of the DIRECTOR.
<br />24. LAWS AND REGULATIONS: The CONTRACTOR shall be responsible
<br />for being fully informed of all state and federal laws, ordinances, codes, rules and
<br />regulations, which in any manner may affect this AGREEMENT and the performance
<br />thereof, including but not limited to:
<br />a. All sections of the Hawai'i County Charter and Hawai'i County Code;
<br />b. Chapter 103, Hawaii Revised Statutes, as amended, relating to expenditure
<br />of public money;
<br />c. Chapter 378, Hawaii Revised Statutes, as amended, relating to fair
<br />employment practices;
<br />d. Chapter 489, Hawaii Revised Statutes, as amended, relating to
<br />discrimination in public accommodations;
<br />e. Chapter 396, Hawai'i Revised Statutes, as amended, relating to occupational
<br />safety and health; and
<br />f. Chapter 386, Hawaii Revised Statutes, as amended, relating to workers'
<br />compensation law; and
<br />g. Nondiscrimination Clause: During the performance of this contract, the
<br />CONTRACTOR agrees as follows:
<br />i. The CONTRACTOR shall comply with all requirements set forth in
<br />Federal and State laws and regulations relative to Title VI of the Civil
<br />Rights Act of 1964, as amended, which provide for non-discrimination
<br />in federally assisted programs.
<br />ii. The CONTRACTOR shall comply with applicable Federal and State
<br />laws prohibiting discrimination against any person on the basis of
<br />race, color, national origin, religion, creed, sex, age, or handicap.
<br />III. The CONTRACTOR shall not discriminate against any employee or
<br />applicant for employment because of sex, pregnancy, race, ancestry,
<br />national origin, religion, color, disability, age, marital status, military
<br />status, veteran's status, sexual orientation, lactation, arrest and court
<br />record, citizenship; or any other classification protected by state or
<br />federal law. The CONTRACTOR shall assure that applicants are
<br />employed and that employees are treated during employment without
<br />regard to sex, pregnancy, race, ancestry, national origin, religion,
<br />
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