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F. Unexpended Funds. Any and all unexpended funds shall revert to the State upon <br />termination of this Agreement. <br />V. TIME OF PERFORMANCE <br />A. Complete and satisfactory performance of all activities, services, terms, and <br />conditions required under this MOA shall commence on the <br />EXECUTION DATE and shall be completed by March 31, 2027, unless this <br />MOA is sooner amended or terminated as provided herein. The application <br />deadline for eligible businesses is June 30, 2026. <br />B. The MOA end date includes time for R&D to compile and deliver the Final <br />Report and for DBEDT to conduct the performance evaluation. All performance <br />in pursuit of this MOA must be completed, and all deliverables must be delivered <br />no later than the end of the Agreement term. <br />VI. SPECIAL PROVISIONS <br />A. Notwithstanding any provisions or representations to the contrary, any conflict <br />among the various provisions of this MOA shall be resolved by allowing the <br />following documents, in order of priority, to control: <br />• Hawai`i law; then <br />• This MOA. <br />B. Brand Compliance. R&D shall obtain DBEDT's prior approval before finalizing <br />any program promotional materials to ensure consistency with State of Hawaii <br />communications standards. <br />C. Execution in Counterparts. This MOA may be executed in one (1) or more <br />counterparts, each of which shall be deemed an original, but all of which shall <br />constitute the same instrument. DBEDT must possess one (1) copy of all original <br />signatures for processing with the Department of Accounting and General <br />Services (DAGS). <br />VII AMENDMENTS TO AGREEMENT AND OTHER GENERAL REQUIREMENTS <br />A. This MOA may be amended through a mutually acceptable written statement <br />signed by authorized representatives of both parties. <br />B. This MOA may be terminated by mutual agreement with thirty (30) days prior <br />written notice. <br />C. The validity of this MOA, any of its terms or provisions, and the rights and duties <br />of the parties shall be governed by the laws of the State of Hawaii. <br />D. This Agreement is not intended to create any rights, interests, or remedies for any <br />third -party beneficiaries, and third parties may not rely upon this MOA to assert <br />any claim against DBEDT or R&D or any of their employees, whether <br />individually or in their official capacity. <br />E. This MOA represents the entire agreement and understanding between the parties <br />with respect to its subject matter. It supersedes any prior and/or contemporaneous <br />4 <br />