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9. Employer shall pay to the union within 30 days from the date <br /> of this agreement lost dues from 1998 through 2007 in the <br /> amount of $52,576 ($5,257.50 per year x 10 years). <br /> <br /> 5. The Employer and Union shall stipulate to the withdrawal and <br /> dismissal 'of the appeal in Case No. 28250, and to a remand of <br /> this matter to the circuit court of the third circuit in <br /> Civil No. 9B-294 for an amended consent judgment to be <br /> entered consistent with the terms and provisions of this <br /> agreement. Each party shall bear its own attorney's fees and <br /> costs in connection with the appeal. <br /> 6. The terms and provisions of this Memorandum of Agreement <br /> shall constitute a final and binding judgment and shall be <br /> entered by consent in Civil No. 98-294 upon motion to enforce <br /> the settlement agreement to be filed by the union. The <br /> consent judgment to be entered by the court shall be enforced <br /> as any other judgment in a civil action, provided that the <br /> prevailing party shall be entitled to attorney's fees and <br /> costs incurred to obtain compliance with the terms and <br /> provisions of this Memorandum of Agreement. <br /> Dated: Honolulu, Hawaii, September 11, 2007 <br /> STIPULATED AND AGREED T0: <br /> The County of Hawaii United Public W rkers <br /> ~ A S M Loc 6, AFL-CIO <br /> B <br /> a ry Ki ayor Da on M. Nakanelua <br /> St e Director <br /> REVIEWED BY: <br /> Gl~/~~~ 11r-c'_~~i Date: SP~'F 'Z_00'7 <br /> Walter H. Ikeda <br /> Mediator <br /> 3 <br /> <br />