COM 0140.075 2002-2004 - Laserfiche WebLink

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2004 - 2006 County Product Enrichment Program -County of Hawaii AND NO/100 DOLLARS ($1,200,000.00), as specified above, and subject to the availability of funds. All STATE funds not expended in accordance with the provisions set forth is this Contract shall be returned to the STATE. The Request for Payment or invoice shall include certification that the work planned is in accordance with the terms of this Contract, shall be under the letterhead of the COUNTY, and shall bear the signature of an authorized officer of the COUNTY. These funds shall not be expended until prior written approval from the STA`fl is received by the COUNTY, and are subject to the availability of funds. E. Withholding of Payments. The STATE may withhold any and all payments to the COUNTY if the COUNTY fails to comply with the terms of this Contract. F. Promotional Material. The COUNTY and all recipients of the STATE funds through the COUNTY for this Program shall acknowledge the HAWAII TOURISM AUTHORITY as a contributor of funds in all printed, broadcast, and other advertisement and promotional material and documents relating to this Program. G. Indemnification. The COUNTY shall indemnify, defend, and save harmless the STATE, its officers, agents, and employees from and against any and all manner of actions and claims arising, either directly or indirectly, out of or resulting from the negligence, errors, omissions, or acts of the COUNTY, its officers, agents or employees occurring during or in connection with the performance of the COUNTY'S services under this Memorandum. The COUNTY shall defend the STATE against any such action or claim that does not involve an act or omission solely of the STATE, its officers, agents, or employees. H. Modification of Contract. Any modification, alteration or change to this Contract including, but not limited to, modification of the services to be performed and extension of time of performance, shall be made only by prior written supplemental agreements executed by the parties. I. Termination of Contract. If, for any cause, the COUNTY fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or if the COUNTY breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of an opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by the STATE, the STATE may terminate this Contract by -6-