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WHEREAS, Kimura received and reviewed a letter dated , <br /> from the Office of the Corporation Counsel (hereinafter "letter"), a copy of which is <br /> attached as Exhibit "B"; and <br /> WHEREAS, Kimura had an opportunity to discuss and ask questions as to the <br /> contents of the letter with the Corporation Counsel or his assigned deputy in Civil <br /> No. 97-452; and <br /> WHEREAS, Kimura understands that there may be potential conflicts of interests, <br /> which were recited in the letter; and <br /> WHEREAS, Kimura understands that the Office of the Corporation Counsel of the <br /> County, through its deputies (hereinafter "Corporation Counsel"), will represent him prior <br /> to and subsequent to any answer filed on his behalf in Civil No. 97-452; <br /> NOW, THEREFORE, the parties agree as follows: <br /> l . That the Corporation Counsel will render such legal services to and on <br /> <br /> behalf of Kimura by preparing a defense to the allegations in the civil case styled and <br /> entitled Henry A. Ross vs. County of Hawaii, e[ al., Civil No. 97-452. <br /> 2. That the Corporation Counsel will not file a counterclaim against the <br /> <br /> plaintiff in Civil No. 97-452. This is not a waiver of Kimura's right to hire his own <br /> <br /> private attorney to file a counterclaim against the plaintiff in Civil No. 97-452. <br /> 3. That the County will indemnify Kimura for all damages that may be <br /> awarded, including punitive damages. <br /> -2- <br /> <br />