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<br /> <br /> <br /> <br /> <br /> Grantee shall indemnify and save harmless the State of Hawaii, <br /> <br /> Agency, and their officers, agents, and employees from and against <br /> <br /> any and all actions, claims, suits, damages, or costs arising out <br /> of or resulting from the acts or omissions of Grantee, its <br /> <br /> officers, employees, agents, or subcontractors occurring during or <br /> <br /> in connection with the performance of Grantee's services under this <br /> <br /> Contract, or arising out of or resulting from breach of this <br /> <br /> Contract by Grantee. Grantee shall defend the State of Hawaii, <br /> <br /> Agency, and their officers, agents, and employees against any such <br /> <br /> action or claim unless the action or claim involves an act or <br /> <br /> omission solely of Agency, its officers, agents, or employees. <br /> 2. This section shall not be enforced if Grantee <br /> <br /> is an agency of the State of Hawaii. <br /> <br /> <br /> <br /> J. CONFIDENTIAL MATERIAL, <br /> <br /> Any information, data, report, record, summary, <br /> <br /> table, map, or study given to or prepared or assembled by Grantee <br /> <br /> under this Contract which is identified as proprietary or <br /> confidential information that Agency requests to be kept <br /> <br /> confidential shall be safeguarded by the Grantee and shall not be <br /> <br /> made available to any individual or organization other than any <br /> <br /> subcontractor to which the material may relate, without prior <br /> <br /> written approval of Agency. Grantee shall submit a completed <br /> <br /> Privacy Certification for review and approval prior to the <br /> <br /> Revised :2/99 14 <br />