|
Attachment 5
<br /> and listing expenditures actually incurred in the performance of this Agreement. The
<br /> AWARDEE shall return any unencumbered funds to the STATE.
<br /> b. The AWARDEE shall, in accordance with generally accepted accounting
<br /> practices, maintain fiscal records and supporting documents and related files, papers,
<br /> receipts, reports, and other evidence that sufficiently and properly reflect all direct and
<br /> indirect expenditures and management and fiscal practices related to the AWARDEE's
<br /> performance under this Agreement. The AWARDEE shall retain all records related to the
<br /> AWARDEE's performance under this Agreement for at least three (3) years after the date
<br /> of submission of the AWARDEE's Final Project Report.
<br /> 4. Smnk;ng Fns- The AWARDEE shall implement and maintain a written
<br /> smoking policy as required by chapter 328K, Hawaii Revised Statutes.
<br /> g, ('nnflicrc of interest The AWARDEE represents that neither the
<br /> AWARDEE, nor any employee or agent of the AWARDEE, presently has any interest, and
<br /> promises that no such interest, direct or indirect, shall be acqutred, that would or might
<br /> conflict in any manner or degree with the AWARDEE's performance under this Agreement.
<br /> 6, ('nm~ lianre with i awe The AWARDEE shall comply with all federal, state,
<br /> and county laws, ordinances, codes, rules, and regulations, as the same may be amended
<br /> from time to time, that in any way affect the AWARDEE's performance under this
<br /> Agreement.
<br /> 7. Indemnifirar;nn and nrfPncP_ The AWARDEE shall defend, indemnify, and
<br /> hold harmless the State of Hawaii, the contracting agency, and their officers, employees,
<br /> and agents from and against all claims, damages, and costs, including attorneys' fees,
<br /> arising out of or in connection with the acts or omissions of the AWARDEE under this
<br /> Agreement. The provisions of this paragraph shall remain in full force and effect
<br /> notwithstanding the expiration or early termination of this Agreement.
<br /> g. rncnranre The AWARDEE shall obtain, maintain, and keep in force
<br /> throughout the period of this Agreement liability insurance issued by an insurance company
<br /> in a combined amount of at least ONE MILLION AND NO/100 DOLLARS
<br /> ($1,000,000.00), or such other amount requested in writing by the AWARDEE and, for
<br /> good cause shown, approved by the DIRECTOR, on Attachment 8, attached hereto and
<br /> made a part of this Agreement, for bodily injury and property damage liability arising out
<br />
<br /> of each occurrence, which insurance provides that it is the primary insurance for the State
<br />
<br /> of Hawaii, the contracting agency, and their officers, employees, and agents for any liability
<br />
<br /> arising out of or resulting from occurrences connected with the AWARDEE's performance
<br /> under this Agreement. Poor to or upon execution of this Agreement, the AWARDEE shall
<br />
<br /> obtain a certificate of insurance verifying the existence of the necessary liability insurance
<br />
<br /> coverage, including the coverage of the State of Hawaii, and its officers, employees, and
<br />
<br /> agents. The parties agree that the insurance policy shall be attached hereto as Attachment
<br /> 7 and be a part of this Agreement. If the scheduled expiration date of the liability insurance
<br /> policy is earlier than the expiration date of the time for performance under this Agreement,
<br /> the AWARDEE, upon renewal of the policy, shall promptly cause to be provided to the
<br /> STATE an updated certificate of insurance. The certificates of insurance shall expressly
<br /> provide that the insurance policy shall not be cancelled unless the insurance company has
<br /> first given to the STATE thirty (30) calendar days' written notice of the intended
<br /> cancellation.
<br /> 2 Forth AG•7-AGSPS (2-93)
<br />
<br />
|