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HO'OMALU AT WAIKOLOA 201 H APPLICATION PG.46 <br /> C. Failure to disclose in the Application any known material defects about the development <br /> of the Project, any misrepresentation or fraud. <br /> 9. The Applicant further understands and agrees that: <br /> a. OHCD reserves the right to reject any Application submitted and may exercise such right <br /> without notice and without liability to any Applicant or other parties for their expenses incurred in the <br /> preparation of an Application. <br /> b. Applications are prepared at the sole risk and expense of the Applicant. The completion, <br /> receipt, or acceptance of an Application does not commit OHCD to pay any costs incurred in preparation <br /> of the Application. OHCD shall not be responsible for any costs incurred by the Applicant due to the <br /> rejection of any Application. <br /> 10. The Applicant understands and agrees that OHCD in no way represents or warrants to any party <br /> which may include, but is not limited to, any developer,project owner, investor, or lender that the Project <br /> is, in fact, feasible or viable. No director, commissioner, officer, agent, staff or employee shall be <br /> personally liable concerning any matters arising out of, or in relation to,the disapproval or the malting of <br /> awards from the Programs. <br /> 11. The Applicant is responsible to review the applicable federal/state laws to ensure compliance with <br /> current regulations. <br /> 12. That the foregoing information and the statements made in this Application are true, complete, <br /> accurate and correct to the best of the Applicant's knowledge,and hereby authorizes OHCD to obtain <br /> further information and to verify any statement made as it deems necessary. <br /> 13. The Applicant understands that the completed and accepted Application is subject to Chapter <br /> 92F, Hawaii Revised Statutes, the Uniform Information Practices Act of the State of Hawaii. <br /> In Witness Whereof, the Applicant has caused the document to be executed in its name on the 10th <br /> day of October 2022 <br /> a <br /> Applicant <br /> By Stanford Carr Development LLC <br /> Its Manager <br /> By Daniel Sandomire <br /> Its Vice President <br /> Witness <br />