RES 243 Draft 01 2010-2012 - Laserfiche WebLink

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15. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE. The County may withhold such amounts from the money due or to become payable under this Agreement to the DOE as may be necessary to protect the County against liability or to satisfy the obligations of the DOE to the County. 16. INDEMNITY. The DOE shall perform this Agreement as an independent contractor and shall indemnify and save the County and its officers and employees harmless from any and all deaths, injuries, losses and damages to persons or property, and any and all claims, demands, suits, action and liability therefore, caused by error, omissions or negligence in the performance of this Agreement by the DOE or the DOE subcontractors, agents and/or employees, until such time as action against the DOE for death, injuries, losses and damages is barred by the provisions of Chapter 657, Hawai`i Revised Statutes, as amended, relating to limitations of actions. 17. AUTHORITY OF THE MANAGING DIRECTOR. The Managing Director shall decide any question or dispute concerning any provision of this Agreement, which may arise during its performance. The Managing Director's decision shall be final and binding upon all parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence, provided that nothing herein shall be construed as making final and binding any decision of the Managing Director on a question of law. Pending final decision of any dispute or question, the DOE shall proceed diligently with the performance under this Agreement in accordance with the decision of the Managing Director. 18. LAWS AND REGULATIONS. The DOE shall be responsible for being fully informed of all state and federal laws, ordinances, codes, rules and regulations, which in any manner may affect this Agreement, and the performance thereof, including but not limited to: a) All sections of the Hawai`i County Charter and Hawai`i County Code; b) Chapters 103 and 103D, Hawai`i Revised Statutes, as amended, relating to expenditure of public money and procurement; 5