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v <br /> Attachment <br /> and listing expenditura actually incurred is the performance of this Agreement The <br /> AWAItDEE shall return any unencumbered funds to the STATE. <br /> b. The AWARDEE shall, in axordaaa with geaeagy accepted accounting <br /> practiw, maintain fiscal records and supporting documents and related files, papers, <br /> receipts, rcpom, and other evidence that sufficiently and properly reflect all direct and <br /> indirect expenditures and management and fiscal practices related to the AWARDF_E's <br /> performance under this Agreement The AWARDI E shall retain all records related to the <br /> AWARDEEs performance under this Agreement for at least ffim (3) years after the date <br /> of submission of the AWARDEE's final Project Report <br /> 4. Smokin: Poliev. The AWARDEE shall implement and maintain a written <br /> smoloag polity as required by chapter 328IC, Hawaii Revised Stawtes <br /> S. Conflicts of Interest The AWARDEE represents that neither the <br /> AWARDEE, nor nay employee or agent of the AWARDI~, presently has any interest, and <br /> praxises drat no such interest, direct or indirect. shall be acquired, that would or mighc <br /> conflict is any manner ar degree with the AWARDEE's performance under this Agreement <br /> ti. Comaliance with Iiws The AWARDI~ shall COmply with all federal, state, <br /> and county laws, ordinances, eodea, rules, and regulations. as the same may be amended <br /> from time to time, that is nay way affect the AWARDEE's performance under this <br /> Agreement <br /> 7. Indemnifiertionnnd Defense. The AWARDI~ shall defend, indemnify, and <br /> hold harmless the State of Hawai4 the contracting ageary; and their offtoe:s, employee; and <br /> agents from and'against all claims, damages, and coats, indndiag attorneys' fees, arising out <br /> of or is connection with dre acts or omissions of the AWARDI~ under this Agreement <br /> The provisions of this paagrap6 shaU.rcmaia is full force and effect aotwithshndiag the <br /> expiration or early termination of this Agreement <br /> 8. jpg~ The AWARDF~ shall obtain. maintain, and teep in fora <br /> throughout the period of this Agreement IiabUity insurance issued by an iasuraaoe oompaay <br /> in a combined amount of at least ONE MII.L.ION AND NO/100 DOLLARS <br /> (S1.000.000.00), or sack other amount requested in writing by the AWARDEE and. for <br /> good cruse shown, approved by the DIRECTOR, oa Attachment S~ attached hereto and <br /> made a part of this Agreement, for bodt7y injury and property damage liabtlity arising out <br /> of each occurrence. which inmraxee provides that it is the primary insurance far the State <br /> of Hawaii, the contracting ageary, and their officers, employees, and agents for any liabr7ity <br /> arising nut of or reaultiag from aocurreaoes connected with the AWARDEE's pedormaace <br /> under this Agreement Prior to or upon execution of this Agreement, the AWARDEE shall <br /> obtain a oesti6ate of imntnaee verifyixg the adstenee of the aecarary liability insurance <br /> coverage iachrdiag the coverage of the State of Hawaii, and ib offcers, employes„ sad <br /> agents. The parties agree drat the insurance polity shall be attached hereto as Attachment <br /> 9 and be a part of this Agreement If the scheduled expiration date of the liabr7ity <br /> insurance polity is earlier than the expintioa date of the time for performance under this <br /> Agreement, the AWARDEE, upon renewal of the poiiry, shall promptly cruse to be <br /> provided to the STATE as updated certificate of insurance. The eertiftcates of insurance <br /> shall expressly provide that the inwrance polity sbaU not be cancelled unless ffie insurance <br /> <br /> campaay has first given to the STATE thirty (30) calendar days' wrima notice of the <br /> <br /> intended cancellation. <br /> Z t~ aoa.~asrs l=-nJ <br /> <br />