|
7. HCDA,and its contractors or subcontractors,agrees to protect,defend, indemnify,save,and
<br /> hold harmless the State of Hawaii,all State departments,agencies,boards and commissions,
<br /> their officers,agents, servants and employees, including volunteers, from and against any and all
<br /> claims,demands,expenses, and liability arising out of injury or death to any person or the
<br /> damage, loss,or destruction of any property that may occur or in any way grow out of any act or
<br /> omission of the other party, its agents,servants,and employees,or any and all costs,expenses,
<br /> and/or attorney's fees incurred by the other party as a result of any claim,demand,and/or cause
<br /> of action except for those claims,demands,and/or causes of action arising out of the negligence
<br /> of the State of Hawaii,all State departments,agencies,boards,commissions,their agents,
<br /> representatives,and/or employees.
<br /> 8. Method of Payment. Payments shall be made on a reimbursable basis. If other payment
<br /> arrangements for costs incurred as a result of this MOA are desired,agreement must be reached
<br /> after consultation between the STATE and HCDA.
<br /> 9. Quarterly Reports. The HCDA is required to submit to the STATE a quarterly financial and
<br /> performance report. Report dates are March 30,June 30, September 30,and December 30 of
<br /> each year.
<br /> 10.Termination. Either party to this MOA shall have the privilege,with or without cause,to
<br /> terminate this MOA at any time upon written notice given thirty(30) days in advance of such
<br /> termination. Upon termination,the total amount to be paid to the HCDA shall be determined
<br /> on the basis of the total work completed up to the date of such termination.
<br /> IN WITNESS THEREOF, the parties have executed this MEMORANDUM OF AGREEMENT
<br /> on the day,month,and year mentioned above.
<br /> HAWAII CIVIL DEFENSE AGENCY
<br /> By
<br /> WILLIAM P. KENOI Date
<br /> Mayor
<br /> HAWAII EMERGENCY MANAGEMENT AGENCY
<br /> DEPARTMENT OF DEFENSE
<br /> STATE OF HAWAII (STATE) APPROVED AS TO FORM:
<br /> Michael S. 5 "
<br /> rw.ar.wc.,.a..�o.r
<br /> Vincent
<br /> By
<br /> VERN T. MIYAGI Date Deputy Attorney General
<br /> Administrator
<br />
|