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<br /> <br /> <br /> <br /> <br /> 17. payment Procedures: Final Payment: Tax Clearance, <br /> <br /> a. Original invoices mouired. All payments under this Agreement shall be made <br /> only upon submission by the CONTRACTOR of original invoices specifying the <br /> amount due and certifying that services requested under the Agreement have been <br /> performed by the CONTRACTOR according to the Agreement. <br /> <br /> b. Subiect to available funds. Such payments are subject to availability of funds and <br /> allotment by the Director of Finance in accordance with chapter 37, HRS. <br /> Further, all payments shall be made in accordance with and subject to chapter 40, <br /> HRS. <br /> <br /> C. Promnt yayment. <br /> <br /> (1) Any money, other than retainage, paid to the CONTRACTOR <br /> shall be dispersed to subcontractors within ten days after receipt of <br /> the money in accordance with the terms of the subcontract; <br /> provided that the subcontractor has met all the tams and <br /> conditions of the subcontract and there are no bona fide disputes; <br /> and <br /> <br /> (2) Upon final payment to the CONTRACTOR, full payment to the <br /> subcontractor, including retainage, shall be made within ten days <br /> after receipt of the money; provided that there are no bona fide <br /> disputes over the subcontractor's performance under the <br /> subcontract. <br /> <br /> d. Final payment. Final payment under this Agreement shall be subject to sections <br /> 103-53 and 237-45, HRS, which require a tax clearance from the Director of <br /> Taxation, State of Hawaii, showing that all delinquent taxes, if any, levied or <br /> accrued under state law against the CONTRACTOR have been paid. <br /> <br /> <br /> 18. Federal Funds. If this Agreement is payable in whole or in part from federal funds, <br /> CONTRACTOR agrees that, as to the portion of the compensation under this Agreement <br /> to be payable from federal funds, the CONTRACTOR shall be paid only from such funds <br /> received from the federal government, and shall not be paid from any other funds. <br /> <br /> 19. Modifications of Agreement, <br /> <br /> a. In writing. Any modification, alteration, amendment, change, or extension of <br /> any tam, provision, or condition of this Agreement permitted by this Agreement <br /> shall be made by written amendment to this Agreement, signed by the <br /> <br /> <br /> 12 FM AG2-0r41/90 <br />