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30 days from the filing of the Tax Appeal Court's determrnation of such failure in which to pay the February 20, 2001 heal property tax installment to HAWAII COUNTY without assessment of interest or penalty and without prejudice to their right to challenge that tax installment payment. 10. Pre-July 1.2001 Taxes If the enabling legislation is successfully enacted, the counties waive and release any claims for real property tax based upon the public utility's public utility business or based upon real property related to its public utility business for taxes due and payable for any period before July 1, 2001, except that HAWAII COUNTY may keep the August 20, 2000 payments referred to in Section 8 above. If the enabling legislation is successfully enacted and the countres waive and release claims for real property tax as mentioned in the preceding sentence, the public utility Parties agree to waive all challenges to assessment or collection and claims for refund or payment of any portion of Publrc Service Company tax paid or to be paid before July 2001 to the extent such challenge or claims aze based on the chazactenzatron of the Public Sernce Company Tax as a tax on real property. If the enabling legislation is successfully enacted, the counties agree to waive and release any claims for any portion of the Public Service Company Tax for any period before July 1, 2001. 11. Postponement of Leval Proceedings. The parties that aze engaged in legal proceedings related to the subject matter of this Agreement shall stipulate to the postponement of those proceedings for such time as is necessary to allow the parties to pursue the enactment of the enabling legislation. 12. Dismissal of Claims. If the enabling legislation is successfully enacted and the counties waive and release any claims for real property tax based upon the public utility's public utility business or based upon real property related to its public utrlity business for taxes due and payable for any period before July 1, 2001, all the complaints and tax appeals pending before January 11, 2001 concerning the subJect matter of this agreement and involving counties exemptrng public utilities from real property tax pursuant to this agreement will be voluntarily dismissed with preJudice by the public utility Parties. 13. Disputes Over This Arueement. The Parties agree that the Tax Appeal Court of the State of Hawazi has the power to be the final arbiter concerning any language or filrther details needed to implement the Agreement to which the parties have agreed. In the event any dispute occurs among any of the Partres concerning performance, breach, or enforcement of this Agreement, the prevuling party or parties shall be paid attorneys' fees and costs incurred to enforce the provisions of this Agreement (however, this provision is not to be interpreted contrary to the STATE's right of sovereign tmmumty and shall not be taken to be a wazver of such Irnmumty). In the event any Party fails to perform any of the terms of this Agreement, any other Party shall have the right to bring an actron for specific performance and/or any remedy at law. The Tax Appeal Court of the State of Hawaii shall retazn and have exclusive Jurisdiction to enforce this Agreement and to help facilitate its implementation, Including but not limited to the enactment of the enabling legislation. The Parties agree to submit to the Junsdiction of that court for any action brought to enforce this Agreement. AGREEMENT PAGE 5 IMANHONO 339853 I