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Attachment 5
<br /> 9, Relatinnchip of Parties; in~,~ndent Cnntractnr SLahic and Re cnnncihilitiec~
<br /> inclnding_Tax RecT cihilitiec
<br /> a. In the performance of this Agreement, the AWARDEE is an "independent
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<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 inspection
<br /> to determine whether, in the STATE's opinion, the AWARDEE is in compliance with this
<br /> Agreement.
<br /> b. The AWARDEE and the AWARDEE's employees and agents are 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 agenu are 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 state employees.
<br /> c. The AWARDEE shall be responsible for the accuracy, completeness, and
<br />
<br /> adequacy of its performance under this Agreement. Furthermore, the AWARDEE
<br /> intentionally, voluntarily, and knowingly assumes the sole and entire liability to the
<br /> AWARDEE's employees and agents, and to any individual not a party to this Agreement,
<br /> for all loss, damage, or injury caused by the AWARDEE, or the AWARDEE's employees
<br /> or agents in the course of their employment.
<br /> d. The AWARDEE shall be responsible for payment of all applicable federal,
<br /> state, and county taxes and fees which may become due and owing by the AWARDEE by
<br /> reason of this Agreement, including but not limited to (i) income taxes, (ii) employment
<br /> related fees, assessments, and taxes, and (iii) general excise taxes. The AWARDEE also
<br /> is responsible for obtaining all licenses, permits, and certificates that may be required in
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<br /> order to perform this Agreement.
<br /> e. The AWARDEE shall obtain a general excise tax license from the
<br /> Department of Taxation, State of Hawaii, in accordance with section 237-9, Hawaii Revised
<br /> Statutes, and shall comply with all requirements of that chapter. The AWARDEE shall be
<br /> solely responsible for meeting all requirements necessary to obtain the tax clearance
<br /> certificate required for final payment under sections 103-53 and 237-45, Hawaii Revised
<br /> Statutes, and paragraph 10 of these General Conditions, including, but not limited to,
<br /> obtaining a general excise tax license.
<br /> f. The AWARDEE is responsible for securing al] employee-related insurance
<br /> coverage for the AWARDEE and the AWARDEE's employees and agents that is required
<br /> by law; and for payment of all premiums, costs, and other liabilities associated with
<br /> securing the insurance coverage.
<br /> 10. P2ymPnt Prnrerlurec;__Final Pay~• Tax ('1 aran a All payments under
<br /> this Agreement shall be made only upon submission by AWARDEE of invoices specifying
<br /> the amount due and certifying that it has completed performance in accordance with the
<br /> Agreement. Such payments are subject to availability of funds and allotment by the
<br /> Director of Finance in accordance with chapter 37, Hawaii Revised Statutes. Further, all
<br /> payments shall be made in accordance with and subject to chapter 40, Hawaii 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 accrued under state law
<br /> against the AWARDEE have been paid.
<br /> 3 .-orm AG-3-AGSPS (2-93) '
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