COM 0298.000 2012-2014 - Laserfiche WebLink

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32. Dispute Resolution/Forum Selection. Any dispute action or proceeding involving this sublease,commenced by any party, if not resolved by mutual consent, shall be commenced in the District Courts of the Third Circuit,County and State of Hawai`i. 33. Governing Law. It is agreed that this sublease agreement shall be governed by,construed,and enforced in accordance with the laws of the State of Hawai`i. 34. Special Conditions. This offer shall be subject to the approval of the Hawai`i County Council. This sublease is subject to continued consent from the Department of Hawaiian Home Lands and in the event of any cancellation of the Landlord's lease with the Department of Hawaiian Home Lands,Landlord may have no liability to Tenant. 35. Entire Agreement. This sublease agreement for the aforementioned premises contains the entire agreement between the parties. Any agreement hereafter made shall be ineffective to change,modify, discharge or effect an abandonment of the lease,in whole or in part,unless such agreement is in writing and signed by the party against whom enforcement of the change, modification,discharge or abandonment is sought. It is expressly understood and agreed that each and all of the provisions of this sublease agreement are conditions precedent to be faithfully and fully performed and observed by the Tenant and to entitle the Tenant to continue in possession of the premises hereunder;that said conditions are also covenants on the part of the Tenant; and that time of performance of each is of the essence of this sublease. IN WITNESS WHEREOF,the parties hereto have entered into this sublease agreement as of the day and year first above written. MEN'S SHOP, INC. By: Name: Title: SUB LESSOR/LANDLORD COUNTY OF HAWAII By: APPROVED: Stewart Maeda, County Clerk SUBLESSEE/TENANT APPROVED AS TO FORM AND LEGALITY: CRAIG T. MASUDA Deputy Corporation Counsel 8