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' Attachment S <br /> 9. Relationship of Parties; Independent Contractor Statns and RespoavbtL'ties, <br /> Inelu 'pg_Tax Resnonstbitities <br /> a. Ia the performance of this Agreement, the AWARDEE is an 'independent <br /> contractor; with the authority and responsibility to control and direct the performance <br /> required under this Agreement; however, the STATE shall have a general right of <br /> inspection to determine whether, in the STATEs opinion, the AWARDEE is is compliance <br /> with this Agreement <br /> b. The AWARDEE and the AWARDEE's employees and agents arc not, by <br /> reason of this Agreement, agents or employees of the STATE for any purpose, and the <br /> AWARDEE. and the AWARDEE's employees and agents arc not entitled to claim or <br /> receive from the STATE any vacation. sick leave, retirement, workers' compensation, <br /> unemployment insurance, or other benefits provided to sate employes. <br /> e. The AWARDEE shall be responsibk for the aeenrary, completeness, and <br /> adequary of its performance under thu Agreement Furthemiorc, the AWARDEE <br /> intentionally. voluntarily, sad knowingly assumes the sok and entire ]iabUity to the <br /> AWARDEE's employees sad agents. and w soy individual not a party m this Agreement, <br /> for all lass, damage, or injury caused by the AWARDEE, or the AWARDEE's employees <br /> or agents in the course of their emplolrmeat <br /> d. The AWARDEE shall be responsible for payment of aD applicable federa>. <br /> state, and county taxes and fees which may become due sad owing by the AWARDEE by <br /> reason of this Agreement, including but not limited m (i) iaeoma taxes. (iii employment <br /> related fees, assessments, and taxes, sad (iii) general ezdse taxes. The AWARDEE aL~a <br /> is responsible far obtaining all licenses. permits, and certificates that may be required in <br /> order to perform this Agreement <br /> e. The AWARDEE shall obtain• a general eseise to licxnae from the <br /> Department of Tax:tioa, State of Hawaii. is acoordaace with section 237-9, Hawaii Revised <br /> Statutes, and shall comply with all requirements of that chapter. The AWARDEE:baU be <br /> solciy responsible for meeting all requirements necessary to obtain the ta: clearance <br /> certifieau required for final payment wader sections 103-53 sad 237-45, Hawaii Revised <br /> Statutes, and paragraph 10 of these General Conditions, indndiag, but not limited tn, <br /> obtaining a general eiocise tax license. <br /> L The AWARDEE is responsible for securing all employee-related' insurance <br /> coverage for the AWARDEE at?d the AWARDEE's employees and agents that is required <br /> by lour, and for payment of all premiums, costs. sad other UabUities associated with acciiring <br /> the insurance ooveraga <br /> 10. )'~yment Procedures: Final P~vment Tax Clearance. M paymeatsnnder this <br /> Agreement shall be made only upon submission by AWARDEE of invoices specifying the <br /> amount due sad certifying that it has completed performance is accordance with the <br /> Agreement Such payments arc subject to avulabUity of funds sad allotment by the <br /> Director of Finanee in accordance with chapter 37. Hawaii Revised Statutes Farther. all <br /> payments shaD be made iw accordance with and subject to chapter 40, Hawau Revised <br /> Statutes Final payment under this Agreement shall be subject to sections 103-53 and 237- <br /> 45, Hawaii Revised Statutes, which require a tax clearance from the Director of Taxation. <br /> State of Hawaii, showing that all delinquent taxes, if any, levied or accttied wader state law <br /> against the AWARDEE have been paid. <br /> <br /> _ 3 ro. was.waus tzar <br /> ~ o <br /> <br />