Common use of Additional Obligations Clause in Contracts

Additional Obligations. Measure 6a Is the school complying with all other obligations? 1. The ESP agreement shall be subject to, and shall incorporate by reference, the terms and conditions of the School's Contract. 2. The term of the ESP agreement shall not exceed the term of the School's Contract. 3. No provision of the ESP agreement shall interfere with the School's governing board’s duty to exercise its statutory, contractual and fiduciary responsibilities governing the operation of the School. No provision of the ESP agreement shall prohibit the School's governing board from acting as an independent, self-governing public body, or allow decisions to be made other than in compliance with Ch. 302D, HRS. 4. The ESP agreement shall require the ESP to defend, indemnify and hold harmless the State of Hawaii, the Commission and the School, and their officers, employees and agents from and against all liability, loss, damage, cost and expense, including all attorneys' fees, and all claims, suits and demands therefore, arising out of or resulting from the acts or omissions of the ESP or the ESP's employees, officers, agents or subcontractors under the ESP agreement. The ESP agreement shall not require the School to defend, indemnify or hold harmless the ESP. The ESP agreement shall contain insurance and indemnification provisions outlining the coverage the ESP will obtain. 5. The ESP agreement shall describe the specific services for which the ESP is responsible and shall clearly delineate the respective roles and responsibilities of the ESP and the School in the management and operation of the School, including development, approval and oversight of the School's budget; development, approval and oversight of the School's curriculum; and oversight of the ESP's services. 6. The ESP agreement shall expressly provide that the School retains, at all times, ultimate responsibility for the School's budget and curriculum.

Additional Obligations. Measure 6a Is the school complying with all other obligations? 1. The ESP agreement shall be subject to, and shall incorporate by reference, the terms and conditions of the School's Contract. 2. The term of the ESP agreement shall not exceed the term of the School's Contract. 3. No provision of the ESP agreement shall interfere with the School's governing board’s duty to exercise its statutory, contractual and fiduciary responsibilities governing the operation of the School. No provision of the ESP agreement shall prohibit the School's governing board from acting as an independent, self-governing self‐governing public body, or allow decisions to be made other than in compliance with Ch. 302D, HRS. 4. The ESP agreement shall require the ESP to defend, indemnify and hold harmless the State of Hawaii, the Commission and the School, and their officers, employees and agents from and against all liability, loss, damage, cost and expense, including all attorneys' fees, and all claims, suits and demands therefore, arising out of or resulting from the acts or omissions of the ESP or the ESP's employees, officers, agents or subcontractors under the ESP agreement. The ESP agreement shall not require the School to defend, indemnify or hold harmless the ESP. The ESP agreement shall contain insurance and indemnification provisions outlining the coverage the ESP will obtain. 5. The ESP agreement shall describe the specific services for which the ESP is responsible and shall clearly delineate the respective roles and responsibilities of the ESP and the School in the management and operation of the School, including development, approval and oversight of the School's budget; development, approval and oversight of the School's curriculum; and oversight of the ESP's services. 6. The ESP agreement shall expressly provide that the School retains, at all times, ultimate responsibility for the School's budget and curriculum.

Additional Obligations. Measure 6a Is the school complying with all other obligations? 1. The ESP agreement shall be subject to, and shall incorporate by reference, the terms and conditions of the School's ’s Contract. 2. The term of the ESP agreement shall not exceed the term of the School's ’s Contract. 3. No provision of the ESP agreement shall interfere with the School's ’s governing board’s duty to exercise its statutory, contractual and fiduciary responsibilities governing the operation of the School. No provision of the ESP agreement shall prohibit the School's ’s governing board from acting as an independent, self-governing self‐governing public body, or allow decisions to be made other than in compliance with Ch. 302D, HRS. 4. The ESP agreement shall require the ESP to defend, indemnify and hold harmless the State of Hawaii, the Commission and the School, and their officers, employees and agents from and against all liability, loss, damage, cost and expense, including all attorneys' ’ fees, and all claims, suits and demands therefore, arising out of or resulting from the acts or omissions of the ESP or the ESP's ’s employees, officers, agents or subcontractors under the ESP agreement. The ESP agreement shall not require the School to defend, indemnify or hold harmless the ESP. The ESP agreement shall contain insurance and indemnification provisions outlining the coverage the ESP will obtain. 5. The ESP agreement shall describe the specific services for which the ESP is responsible and shall clearly delineate the respective roles and responsibilities of the ESP and the School in the management and operation of the School, including development, approval and oversight of the School's ’s budget; development, approval and oversight of the School's ’s curriculum; and oversight of the ESP's ’s services. 6. The ESP agreement shall expressly provide that the School retains, at all times, ultimate responsibility for the School's ’s budget and curriculum.