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<br /> <br /> <br /> <br /> <br /> <br /> 10. Subgrantee shall indemnify, defend, and hold the County harmless, including but not <br /> <br /> limited to attorney fees and costs: <br /> (a) from and against any claim or demand by third persons for loss, liability, or <br /> <br /> damage, including claims for property damage, personal injury, or wrongful <br /> <br /> death, occasioned by any act or omission arising from the Subgrantee's <br /> <br /> program; <br /> (b) from and against all actions, suits, damages, and claims by whomsoever <br /> <br /> brought or made by reason of the non-observance or non-performance of <br /> <br /> any of the terms, covenants, and conditions herein or the rules, regulations, <br /> ordinances, and laws of the federal, state, municipal, or county government <br /> <br /> for non-compliance with Federal grant requirements caused by the <br /> <br /> Subgrantee's failure to comply with the terms of this grant. <br /> <br /> 11. A non-gratuity affidavit such as the sample form attached hereto as Exhibit 2 shall <br /> be executed by Subgrantee before payment will be authorized. <br /> <br /> 12. If the contract amount is for $25,000 or more, in accordance with Sections <br /> <br /> 103-53, Hawai'i Revised Statutes, this contract shall not be executed by the County of Hawai'i <br /> until receipt of tax clearances from the State Director of Taxation and the Internal Revenue <br /> <br /> Service. In addition, final payment on the contract shall be withheld until the receipt of tax <br /> <br /> clearances from the State Director of Taxation and the Internal Revenue Service. <br /> <br /> 13. Subgrantee agrees that it will not discriminate against any employee, applicant for <br /> employment or client because of race, color, religion, sex, sexual orientation, age, disability, <br /> <br /> marital status, arrest and court records, or ancestry. Subgrantee shall assure that applicants for <br /> <br /> employment and employees are treated during employment without regard to race, color, religion, <br /> sex, or national origin. Such action shall include, but not be limited to, the following: <br /> <br /> employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or <br /> <br /> termination; rates of pay or other forms of compensation; and selection for training. <br />