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shall defend the State of Hawaii, Agency, and their officers, <br /> agents, and employees against any such action or claim unless <br /> the action or claim involves an act or omission solely of <br /> Agency, its officers, agents, or employees. <br /> 2. This section shall not be enforced if Grantee is an <br /> agency of the State of Hawaii. <br /> J. CONFIDENTIAL MATERIAL. <br /> Any information, data, report, record, summary, <br /> table, map, or study given to or prepared or assembled by <br /> Grantee under this Contract which is identified as proprietary <br /> or confidential information that Agency requests to be kept <br /> confidential shall be safeguarded by the Grantee and shall not <br /> be made available to any individual or organization other than <br /> any subcontractor to which the material may relate, without <br /> prior written approval of Agency. Grantee shall submit a <br /> completed Privacy Certification for review and approval prior to <br /> the expenditure of funds for the collection of identifiable <br /> research/ statistical data. All information, data, or other <br /> material provided by the Grantee or the Agency shall be kept <br /> confidential only to the extent permitted by law. <br /> <br /> Rev. 07/00 20 <br /> <br />