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Offer to Lease -Kona Warehouse <br /> <br /> Page 3 <br /> <br /> December 19, 2007 <br /> <br /> LEASEHOLD IMPROVEMENTS Landlord shall provide, at its expense, the following <br /> <br /> AND DRAWINGS: leasehold improvements and drawings prior to <br /> occupancy: <br /> • Construct walls, floor to ceiling, separating <br /> warehouse spaces from adjacent tenants as <br /> indicated on the attached sketch. <br /> • Construct a 15 x 12 roll-up door in the <br /> location shown on the attached sketch. <br /> FACSIMILES: The parties hereto agree that telephone facsimile <br /> (FAX) copies of any documents required to be <br /> executed by the provision herein will be accepted as <br /> if signed in person, as originals. Upon request, the <br /> party submitting the facsimile shall provide the <br /> original document within a reasonable time. <br /> However, failure to provide such an original shall <br /> have no effect upon the validity of the execution by <br /> facsimile. <br /> COUNTERPARTS: The parties hereto agree that this Offer maybe <br /> executed in several counterparts, each of which <br /> shall be deemed an original, and all executed <br /> counterparts when taken together shall constitute a <br /> single complete agreement as long as each party has <br /> signed at least one counterpart. <br /> INSURANCE: County is aself-insured government entity. No <br /> insurance policy required. <br /> LEASE: County shall prepare a lease in conformity with the <br /> terms and conditions specified in this Offer to <br /> Lease, together with its standard lease terms, <br /> conditions and covenants. <br /> SPECIAL CONDITIONS: This offer shall be subject to the approval of the <br /> Hawaii County Council. Should the County fail to <br /> obtain Council approval by January 31, 2008, either <br /> party may elect to terminate this offer with 14 days <br /> notice by notifying the other party in writing. <br /> AGENCY DISCLOSURES: Property Management Division, Department of <br /> Finance, represents County in this transaction. <br /> <br />