COM 1045.001 1996-1998 - Laserfiche WebLink

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d. Actions !fectina mere than One mart gnr Ul+±rp_ Notwithsooding the provisions of subparagraphs 6a through 6c herein, when the CONTRACTOR holds agreements with mare thm one purchasing agency of the Store, the assignment agreements and the novation and change of name amendments be= authorized shall be processed only through the CFO's offim 7. Indemnification and Defense. The CONTRACTOR shall defend, indemnify, and hold harmless the State of Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all aummeys' fees, and all claims, wits, and demands therefor, arising out of or mdting from the acts or omissions of the CONTRACTOR or the CONTRACTOR': etmployess, officers, agent, or subcontractors under this Agreement. Zia pwviaons of this paragraph shall remain in fin farce and effect notwidatmding the expiration or early termination of this Agreematt, 8. Cost of Utigado- Ion case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the CONTRACTOR in connection with this Agreement, the CONTRACTOR shalt pay all costs and expenses incurred by or imposed on the STATE, including anorneys' fen. 9. i inuidated D mam When the CONTRACTOR is given notice of delay or nonperformance as specified in paragraph 13 (Termination for Default) and fails to cure in the time specified, it is agreed the CONTRACTOR shall pay to the STATE the amount, if any, set forth in this Agreenhernt per calendar day form the date set for cure until either the STATE reasonably obtains similar goods or services, or both, if the CONTRACTOR is terminated for default, or (m) until the CONTRACTOR provides the goods or services, or both, if the CONTRACTOR is not terminated for default. To the extent that the CONTRACTOR's delay or nonperformance is excused under paragr'apb 13d (Excuse for Nonperformance or Delay Performance), liquidated damages shall not be assessable against the CONTRACTOR. The CONTRACTOR shall remain liable for damages caused other than by delay. 10. State's Riaht of Offset. The STATE may offset against any monies or other obligations the STATE owes to the CONTRACTOR under this Agreement, any amounts owed to the State of Hawaii by de CONTRACTOR under this Agreement or any other agreements or pumuam to my law or other obligation owed to the State of Hawaii by the CONTRACTOR, including, without limitation, tie payment of any taxes or levies of any land or natures The STATE will notify the CONTRACTOR in writing of my offset and the nature of such offset. For purposes of this paragraph, amours owed to the State of Hawaii shall not include debts or obligations which have been liquidated, agreed to by the CONTRACTOR, and are eoveered by an in:Wment payment or other settlement plan approved by the State of HawaiL provided, however, that the CONTRACTOR shall be entitled to such exclusion only to the extant that the CONTRACTM is current wW4 and 4 Pam A02-000NO