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Attachment 6
<br /> 4. Force Majeure. Neither party shall be held responsible for delays or failures in
<br /> performance resulting from acts beyond control of such party. Such acts shall
<br /> include, but not be limited to, acu of God, labor disturbances, riots, acts of waz,
<br /> epidemics, government regulations imposed after the fact, fire, flood, communication
<br /> line failures, power failures, shortages of transportation, earthquakes, hurricanes, or
<br /> other causes beyond such party's control, provided that such party notifies the other
<br /> party of such delay and the reason therefore as soon as practicable after its occurrence
<br /> and requests extension prior to the specified date of product delivery, service, reports,
<br /> or responses.
<br /> 5. Modifications of Agreement. In addition to paragraph 18 of the General Conditions,
<br /> Attachment 5, the party requesting an amendment, modification, alteration, change,
<br /> or extension of any term, provision, or condition of this Agreement shall allow thirty
<br /> (30) calendaz days for consideration and approval of the request. No amendment,
<br /> modification, alteration, change, or extension of any term, provision, or condition of
<br /> this Agreement may be made during the last sixty (60) calendar days of the
<br /> Agreement, nor the last sixty (50) calendar days of the State fiscal yeaz, unless
<br /> STATE initiates the request for an amendment, modification, alteration, change, or
<br /> extension of any term, provision, or condition of this Agreement.
<br /> 6. For Business Termination. In addition to the requirements of Paragraph I5,
<br /> Suspension and Termination of Agreement, in Attachment 5, General Conditions,
<br /> AWARDEE further agrees to the following: If AWARDEE shall cease conducting
<br /> business in the normal course, become insolvent, make a general assignment for the
<br /> benefit of creditors, suffer or permit the appointment of a receiver for iu business or
<br /> assets, or shall avail itself of, or become subject to any proceeding under the Federal
<br /> Bankruptcy Code or any other statute of any state relating to insolvency or the
<br /> protection of rights of creditors, then (at the option of STATE) this Agreement shall
<br /> terminate and be of no further force and effect and any property or righu of STATE,
<br /> tangible or intangible, shall immediately without further notice or demand, be
<br /> returned to STATE.
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<br /> 7. Confidential Information. In addition to paragraph 13, Confidentiality of Material,
<br /> of the General Conditions, Attachment 5, the AWARDEE further agrees to the
<br /> following: All information and records about or for the clients served, secured from
<br /> clients, STATE, or any other individuals or agencies by AWARDEE, or prepared by
<br /> AWARDEE for STATE, in satisfaction of this Agreement, shall be confidential and
<br /> shall not be made available to any individual or organization by AWARDEE without
<br /> prior written approval of STATE, subject to provisions of applicable State of Hawaii
<br /> and Federal statutes, and State of Hawaii Administrative Rules. To insure the
<br /> confidentiality of all such information and records, AWARDEE shall immediately
<br /> refer all inquiries for information, including subpoenas, to the AGENCY'S Social
<br /> Services Division Administrator or representative.
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