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<br /> <br /> <br /> <br /> during the five year extension period to fully repay the funds advanced. This paragraph <br /> supersedes Section 7 of the First Amendment in its entirety. <br /> <br /> 7. Certification. As an essential inducement to Landlord to execute this <br /> Amendment, Tenant hereby certifies and warrants to and agrees with Landlord that (a) to the <br /> extent of Tenant's actual knowledge, no event of default under the Lease exists as of the date <br /> hereof, nor has any event occurred which, with the passage of time or the giving of notice, or <br /> both, would constitute an event of default, and (b) to the extent of Tenant's actual knowledge, <br /> Landlord is not in any manner in default in the performance or observance of any obligation or <br /> duty owed to Tenant, under the Lease or otherwise. <br /> <br /> 8. Entire Agreement. This Amendment incorporates all of the agreements <br /> between the parties relating to the extension and amendment of the Lease, and supersedes all other <br /> prior or concurrent oral or written letters, agreements or understandings relating to the subject of <br /> this Amendment. No terms, conditions, warranties, promises or undertakings of any nature <br /> whatever, express or implied, exist between Landlord and Tenant except as expressly set forth in <br /> the Lease as amended by this Amendment. Any amendment or modification of the Lease must <br /> be in writing and signed by both Landlord and Tenant. <br /> <br /> 9. Parties. This Amendment shall bind and inure to the benefit of the parties <br /> hereto and to the successors and permitted assigns of Tenant, and to the successors and assigns of <br /> Landlord. <br /> <br /> 10. Notices. All notices, requests, demands or documents which are required or <br /> permitted to be given or served hereunder shall be in writing and personally delivered, or sent by <br /> registered or certified mail, postage prepaid, addressed as follows: <br /> <br /> <br /> TO LANDLORD at: C/o Marcus & Associates, Inc. <br /> 1045 Mapunapuna Street, <br /> Honolulu, Hawaii 96819 <br /> <br /> with a copy to: Mr. Albert Funrya <br /> Hawaiian State Enterprises, Limited <br /> 45-150 Mokulele Drive <br /> Kaneohe, Hawaii 96744 <br /> <br /> TO TENANT at: County of Hawaii - Prosecutor's Office <br /> 655 Kilauea Avenue <br /> Hilo, Hawaii 96720 <br /> <br /> <br /> 11. Security Deposit. Landlord holds no security deposit of Tenant. <br /> Tenant is not entitled to the return of any sum as a security deposit. This paragraph supersedes <br /> Section 13 of the First Amendment in its entirety. <br /> <br /> <br /> <br /> <br /> 3 <br /> ImanageDB:900373.1 <br />