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preclude the County from exercising any other or further legal or equitable right to protect its <br /> interests. <br /> 20. FORUM SELECTION. No action or proceeding involving this Agreement shall <br /> be commenced by either party except in the Circuit or District Courts of the Third Circuit, <br /> County of Hawai`i, State of Hawai`i, and no action commenced in such court shall be removed <br /> or transferred to any other state or federal court. <br /> 21. DOE'S FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS <br /> AGREEMENT. The DOE's failure to comply with any and all of the conditions of this <br /> Agreement and the Solicitation, referenced herein and made a part hereof, may result in the <br /> denial or rejection of future funding to the DOE from the County. <br /> 22. CONSTRUCTION OF CONTRACT. The masculine shall be deemed to embrace <br /> and include the feminine and the singular shall be deemed to embrace and include the plural <br /> whenever required in the context of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as <br /> of the date first above written. <br /> RECOMMEND APPROVAL: COUNTY OF HAWAI`I <br /> WILLIAM TAKABA By WILLIAM P. KENOI <br /> Managing Director, Office of Management Its Mayor <br /> APPROVED AS TO FORM AND STATE OF HAWAII DEPARTMENT OF <br /> LEGALITY: EDUCATION <br /> 8 <br />