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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br /> <br />..__._-_._.---_.~-_.__._-"..-.----"._-_.__.._---,- <br /> <br />. <br /> <br />. <br /> <br />I. Ownership. It is understood that the County is the exclusive owner of all work <br />products developed by the Consultant for the.County and that the Consultant is prohibited from <br />selling such work to other parties. The final work products, including any computer generated <br />work/data diskettes, shall be provided to the County. <br /> <br />J. Ell\Ployment Status. It is agreed and understood that the Consultant shall not be <br />entitled to the benefits and privileges of an employee of the County of Hawaii under the County's <br />Civil Service System, and it is further agreed and understood that the Consultant shall be <br />excluded from partiCipating in any fring~.benefits resulting from work performed under this <br />contract. <br /> <br />K. Termination. It is understood and agreed that any services to be provided in <br />accordance with the terms of this contract may be terminated immediately, in whole or in part, <br />upon a finding by the County that the services must be provided by public employees pursuant to <br />Civil Service Laws or that such services will be discontinued. It is further understood, that <br />should such a finding be made, the County will not be liable under this contract for any resulting <br />damages, and such a termination will not be considered a breach of this agreement. <br /> <br />. L. Modification of Contract. No waiver or modification of this agreement or any <br />covenants, conditions, or limitations herein contained shall be valid unless in writing and duly <br />executed by the party to be charged therewith, and no evidence of any waiver or modification <br />shall be offered or received in evidence of any proceedings, arbitration, or litigation between the <br />parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties <br />hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the <br />parties further agree that the provisions of this section may not be waived except as herein set <br />forth. <br /> <br />M. Changes. The County may from time to time require changes in the scope of <br />services of the Consultant to be performed hereunder. Such changes, including any increase or <br />decrease in the amount of the Consultant's compensation, shall be incorporated by written <br />amendment to this agreement. <br /> <br />N. Liability. The Consultant shall indemnify, defend, and hold harmless the County <br />from claims, suits, actions, damages, and costs resulting from its errors, omissions, and negligent <br />acts in the performance of these services. <br /> <br />O. Assignment. Portions of this contract may be sub-consulted; however, not <br />without the County's prior written permission. <br /> <br />P. Non-Discrimination. The Consultant agrees that it will not discriminate against <br />any employee or applicant for employment because of race, color, religion, sex, or national <br />origin. The Consultant will assure that applicants for employment and employees are treated <br />fairly during employment without regard to their race, color, religion, sex, or national origin. <br /> <br />4 <br />