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inappropriate and unallowable, Agency may require that an <br /> equivalent amount of moneys be refunded to Agency notwithstanding <br /> Agency's preliminary determination of appropriateness and <br /> allowableness. <br /> d. Failure to submit required reports by the <br /> deadline will result in the withholding of payments until such time <br /> as the reports are received by Agency. Grantee shall continue to <br /> provide the services, programs and activities during the period <br /> that payments are being withheld. <br /> I. INDEMNIFICATION. <br /> 1. It is strictly understood that the State of <br /> Hawaii shall in no way be held liable for any damages, cause of <br /> action or suits resulting from the acts or activities of Grantee. <br /> Grantee shall indemnify and save harmless the State of Hawaii, <br /> Agency, and their officers, agents, and employees from and against <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 /> officers, employees, agents, or subcontractors occurring during or <br /> in connection with the performance of Grantee's services under this <br /> Contract, or arising out of or resulting from breach of this <br /> Contract by Grantee. Grantee shall defend the State of Hawaii, <br /> <br /> Agency, and their officers, agents, and employees against any such <br /> action or claim unless the action or claim involves an act or <br /> omission solely of Agency, its officers, agents, or employees. <br /> 2. This section shall not be enforced if Grantee <br /> 15 <br /> <br />