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ownership after making full repayment to the Department. Additionally, the Applicant shall be <br /> liable for all costs of collection including reasonable attorney fees. <br /> XII. INDEMNIFICATION AND DEFENSE. The Applicant shall defend, <br /> indemnify, and hold harmless the State, the Department, and their officers, employees, and <br /> agents from and against all liability, loss, damage, cost, and expense, including all attorneys' fee, <br /> and all claims, suits, and demands therefore, arising out or resulting from the acts or omissions of <br /> the Applicant or the Applicant's employees, officers, agents, or subcontractors under this <br /> Agreement, subject to approval by the Hawaii County Council. <br /> XIII. COST OF LITIGATION. In case the State shall, without any fault on its part, <br /> be made a party to any litigation commenced by or against the Applicant in connection with this <br /> Agreement, the Applicant shall pay all costs and expenses incurred by or imposed on the State, <br /> including attorneys' fees. <br /> XIV. ASSIGNMENT. The Agreement may not be assigned in any part to another <br /> party without prior written approval of the Department. <br /> IN WITNESS WHEREOF, the STATE OF HAWAII, DEPARTMENT OF LAND AND <br /> NATURAL RESOURCES and the COUNTY OF HAWAII, DEPARTMENT OF PARKS AND <br /> RECREATION, have executed this agreement as of this date first above written. <br /> DEPARTMENT OF LAND AND NATURAL RESOURCES <br /> By: <br /> William J. Aila, Jr. <br /> Chairperson and Member <br /> Board of Land and Natural Resources <br /> By: <br /> Member <br /> Board of Land and Natural Resources <br /> COUNTY OF HAWAII: <br /> By <br /> (Print Name) <br /> Its: <br /> Page 3 of 5 <br />