COM 0104.000 2000-2002 - Laserfiche WebLink

Home

(4. tension of Ttme for STATE. The STATE will have an extension of time to respond to the pending complaints concerning the Public Service Company Tax while the parties seek to obtain the enactment of the enabling legislation. The STATE will not file a response or objection and does not waive any objection to the pending complaint during the attempt to obtain the enactment of the enabling legislation. In the event the Tax Appeal Court determines that the attempts to obtain the enactment of the enabling legislation have failed, the STATE shall have thirty days from the filing of the Tax Appeal Court's determination of such failure in which to file a response to the pending complaints Therefore, the STATE vnll not file a motion to chsmiss while the enactment of the enabling legislation is still being worked on. 15. Attorneys' Fees. Costs. and Exgenses Each Party will beaz its own attomeys' fees, costs, and all other expenses and will not make claim against the other Party or any other party for attomeys' fees, costs, and other expenses incurred in the prosecution, defense, or settlement of the claims and matters involved herein. (however, this provision should not be deemed to contradict section 13 above concerning breach or disputes concerning this Agreement.) 16 No Pnor Assignment. The Parties represent and warrant that they have not assigned to any other pazty or entity any claim or interest in a claim which would otherwise be a claim released or wazved under this Agreement 17. Counterpazts. Tlus Agreement maybe executed in several counterparts, each of which shall be deemed an onginal, and all such counterparts together shall constitute one and the same instnunent 18. Facsimile Signature. Tlus Agreement maybe executed vta facsimile transrrussion 19. Knowledge of Terms and Advice of Counsel. The Pazties have been advised by legal counsel with respect to this Agreement, and they understand and acknowledge its terms, significance, and consequence 20. Authon .The execution and delivery of this Agreement by each of the Parties shall constitute a warranty and representation by that party that this Agreement has been duly and validly suthonzed by or on behalf of said Party and constitutes a legally binding obligation of such party, enforceable in accordance with its terms 21. Joint PreQaration. It is agreed that this Agreement was prepared jointly by the Pazties and that it shall not be construed for or against any party merely by reason of the fact that an opposing party prepazed a pazticulaz portion of the Agreement 22. Governing Law This Agreement shall be subject to and governed by the laws of the State of Hawaii. 23 Voluntary Agreement The Pazties hereby warrant and represent that the execution of this Agreement is being done freely and voluntarily AGREEMENT PAGE6 IMANHONO )39853 I