RES 141 Draft 01 2012-2014 - Laserfiche WebLink

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5.12. Explosives: The County or their representatives, does not anticipate the need to use explosives to construct the improvements to Napo`opo`o Road or the Mamalahoa Highway within 1,000 feet of the Smith Trust residence located on TMK: (3) 8-1-009:004. However, if it is determined that explosives will be used, within the 1000-foot area, and damage to the Smith Trust residence occurs as a result of this use,the County or their representative will be responsible to repair the damage to a condition equal to the condition prior to the damage. 6. Notices: 6.1. Generally: All notices, demands and requests that may or are required to be given by either the County or Smith Trust shall be in writing and shall be (A)personally delivered, or(B) sent by registered or certified mail,return receipt requested, postage prepaid, addressed as set forth below, (C) forwarded by Federal Express or similar generally recognized overnight delivery service regularly providing proof of service; or(D)transmitted by facsimile transmission("Fax")to the Fax number, if any, of such party set forth in Section 6.2 hereinbelow. Notices, demands and requests shall be deemed served or given for all purposes hereunder at the time such notice, demand or request shall be personally delivered,the Fax thereof is received, or three business days following the date of mailing or forwarding by overnight delivery service as aforesaid. Any refusal to accept delivery of a written notice delivered or mailed to the addresses set forth below shall be deemed to be receipt of such notice for the purposes of this Section. The County or Smith Trust may change its address for notice or Fax number by delivering written notice to the other party in the manner set forth hereinbefore, which notice shall expressly state that it is being given pursuant to this Section, and thereafter such party's notice address or Fax number shall be the new address or Fax number. 6.2. Addresses: The addresses of the County and Smith Trust for notices shall be as follows: The County: County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 Smith Trust: CAROLINE MAE SMITH Trustee of the Alfred Whitaker Smith Revocable Trust P. O. Box 2565 Kealakekua, Hawai`i 96750-2565 Telephone Number: (808) 323-2771 6