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Agency notwithstanding Agency's preliminary determination of <br />appropriateness and allowability. <br />d. Failure to submit required reports by <br />the applicable deadline will result in the withholding of <br />payments until such time as the reports are received by Agency. <br />Grantee shall continue to provide the services, programs and <br />activities during the period that payments are being withheld. <br />I. INDEMNIFICATION. <br />1. It is strictly understood that the State of <br />Hawaii shall in no way be held liable for any damages, cause of <br />action or suits resulting from the acts, activities, or <br />omissions of Grantee. Grantee shall indemnify and save harmless <br />the State of Hawaii, Agency, and their officers, agents, and <br />employees from and against any and all liability, loss, actions, <br />claims, suits, damages, costs or expenses, including all <br />attorneys' fees, and all claims, suits, and demands therefor, <br />arising out of or resulting from the acts or omissions of <br />Grantee, its officers, employees, agents, or subcontractors <br />occurring during or in connection with the performance of <br />Grantee's services under this Contract, or arising out of or <br />resulting from breach of this Contract by Grantee. Grantee <br />shall defend the State of Hawaii, Agency, and their officers, <br />agents, and employees against any such action or claim unless <br />15 (10/2011) <br />