RES 143 Draft 01 2012-2014 - Laserfiche WebLink

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4.2 Guardrails: The County shall install guardrails along the new road. Replant existing ti plants along guardrails. 4.3 Mango Tree: The County shall remove the existing large mango tree. The County shall replant a new mango tree in a location acceptable to County and Ikeda Trust. 5. Notices: 5.1. Generally: All notices, demands and requests that may or are required to be given by either the County or Ikeda 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; or(C) forwarded by Federal Express or similar generally recognized overnight delivery service regularly providing proof of service. 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, 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 Ikeda Trust may change its address for notice 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 shall be the new address. 5.2. Addresses: The addresses of the County and Ikeda Trust for notices shall be as follows: The County: COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawai`i 96720 Ikeda Trust: EDWARD S. IKEDA Trustee of the Edward S. Ikeda Revocable Trust 1107 Kaweloka Street Pearl City, Hawai`i 96782 Telephone Number: (808) 455-5993 6. Miscellaneous Provisions: 6.1 Independent Review: Ikeda Trust and the County have each had an opportunity to make a full and independent review and investigation of all alternatives with respect to the matters that are the subject of this Agreement have carefully read this Agreement and the documents and instruments executed in connection with this Agreement, and have voluntarily and without coercion or duress of any kind, entered into this Agreement and the documents and instruments executed in connection with this Agreement. Ikeda Trust and the County each represents and agrees that it has not been influenced to any extent whatsoever to enter into this Agreement by any representation made to it or its attorneys, accountants, advisors, or representatives, either directly or indirectly, by any other party of any person acting on behalf 3