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<br /> <br /> <br /> <br /> <br /> <br /> <br /> as court costs, incurred in that action or proceeding, in addition to any other relief <br /> to which such party or parties may be entitled. <br /> <br /> H. Notices. Any notice or demand provided for or permitted by this Declaration may <br /> be given sufficiently for all purposes in writing mailed as registered or certified <br /> mail, addressed to the appropriate party at such party's post office address or such <br /> other address designated by such party in writing to the other parties, or delivered <br /> personally or electronic transmittal within the State of Hawaii to such party, as the <br /> case may be, and shall be deemed conclusively to have been given on the date of <br /> such mailing, personal delivery or electronic transmittal. <br /> 1. Binding Effect. This Declaration shall inure to the benefit of, and be binding upon <br /> Declarant and the County of Hawaii, as appropriate, and their respective heirs, <br /> personal representatives, successors, and assigns. <br /> J. Assignment to State of Hawaii and/or United States of America. Upon the <br /> precondition that all applicable provisions of this Declaration that benefit the <br /> Declarant and its respective heirs, personal representatives, successors and assigns <br /> are in full force and effect, and with the prior written consent of the Declarant, the <br /> County of Hawaii may assign its rights, obligations and duties under this <br /> Declaration in whole or in part to the applicable department or agency of the State <br /> of Hawaii and/or the United States of America. In the event of any such <br /> assignment, in whole or part, the Declarant and its successors and assigns shall <br /> release the County of Hawaii from its maintenance and liability obligations for the <br /> portion(s) so assigned. <br /> K. Aonlicable Law. This Declaration shall be governed by the laws of the State of <br /> Hawaii both as to interpretation and performance. <br /> L. Counterparts/ Facsimile Signatures . This Declaration may be executed in any <br /> number of counterparts, each of which shall be deemed an original but all of <br /> which together shall constitute one and the same instrument, and in making proof <br /> hereof it shall not be necessary to produce or account for more than one such <br /> counterpart. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> -7- <br />