COM 0416.000 1996-1998 - Laserfiche WebLink

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Attachment S d. If this Agreement is uratinaud for ruse, the AWARDEE shall not be relieved of liability to the STATE for damages sustained because of any breach by the AWARDEE of this Agreement In such event. the STATE may retain any amounts which may be due and owing to the AWARDEE until such time as the exact amount of damages due to the STATE from the AWARDEE bas been determined.. The STATE may also set off any damages so determined against the amounts retained. 16. Disouta No dispuu arising under this Agreement may be sued upon by the AWARDEE until afar the AWARDEE's writun request to dte DIRECTOR to informally resolve the dispuu is rejected, or until ninety (90) days after the DIRECTOR's receipt of the AWARDEE's writun request whichever comes first. W6tle the DIRECTOR considers the AWARDEE's written request. the AWARDEE agrees to proceed dtlt'gently with the performance necessary to coorpleu the Project unless otherwise instructed in writing by the DIRECTOR 17, Stau Remedies. The AWARDEE understands that in the event that it no longer meets all of the standards and eoaditions set forth in paragraphs 1 and 2 of these General Conditions, or in the event that AWARDEE Earls to cAmply with nay of the other requirements, provisions. or conditions set forth in this Agreement, that the STATE may refuse to make further payments to AWARDEE under this Agreement AWARDEE further understands that pursuant to ehapur 42D, Hawaii Revised Statutes, if it is found to have withheld or amitud nay material faces or deliberately misrepresented aoy Estes to the STATE. it shall be prohbiud from requesting a ;rant ar subsidy or submitting a proposal for a purchase of service agreement from the Stau of Hawaii for a period of five (5) years after the dau of that finding. 18. Modifications of Agreement Any modification, alteration, amendment, change, or actension of nay term. provision. or condition of this Agreement shaD be made only by written amendment to this Agreement, signed by the AWARDEE and the STATE. 19. Notice Any written notice required to be given by a parry to this Agreement shall be (a) delivered personally. or (b) seat by United States 5rst class marl, postage prepaid, to the DIRECTOR :t the DIRECTOR's office in Honoluhr. Hawaii, or to the AWARDEE at the AWARDEE's address as indicated in the Agreement A notice shall be deemed to have been received three (3) days afar ma7iag or at the time of acaral receipt. whichever is earlier. The AWARDIsE is responsible for notifying the DIRECTOR is writing of ary change of addrea 20. Waiver. The fat7ure of the STATE to insist upon the strict compliance with nay term, provision or condition of this Agreement shall not conatituu or be deemed to constitute a waiver ~ relinquishment of the STATE's right to enforce the same is accordance with this Agreement 21. ~v pbfirty' In the event that any provision of this Agreement is declared invalid or unenforceabk by a court, such invalidity or uaenforeeabi7i'ty shall not affect the validity or eafortxabi`4'ry of the remaining carats of this Agreement 2Z Governing Ina. The validity of this Agreement and nay of its terms or provisions. ss well ss the rights and duties of the parties to this Agreement, shall be governed by the laws of the Stau of Hawaii. Any action at law or in equity to eaforu or inurpret the provisions of this Agreement shall be brought in a stau court of competent jurisdiction is Honolulu, Hawaii. S sasAC.vs ryv>)