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Henry, Sharron <br /> From: Torigoe, Ivan <br /> Sent: Thursday, November 08, 2012 2:21 PM <br /> To: Henry, Sharron; Hall, Cathy <br /> Cc: Hirota, Lyle; Beck, Dora <br /> Subject: RE: Pualani Estates Phase I and II <br /> Let me also add that in indemnification clauses like Paragraph 2 of the drainage easement, if this is basically <br /> for the benefit of the developer to finish the project, I'd prefer to reject the indemnification clause altogether. <br /> If we can't get them to remove it, condition it with: "To the extent permitted by law, and subject to any <br /> necessary appropriations, availability of funds, and County financial procedures . . ." Or use a version of the <br /> clause that the state uses, which says something like"The state will be liable only when and to the extent <br /> found liable by a court or tribunal with jurisdiction over any claim, or to the extent that the state agrees to be <br /> responsible for damages." <br /> But I guess that's for Bill to determine. <br /> Ivan M.Torigoe <br /> Deputy Corporation Counsel <br /> Phone:(808)961-8083 <br /> Mail: 333 Kilauea Avenue, 2d Floor <br /> Hilo, Hawaii 96720 <br /> The information contained in this e-mail transmission,including all attachments,is confidential,and intended to be sent only to the <br /> stated recipient of the transmission,and therefore may be privileged.The use of this information is intended for the sole use of the <br /> individual named as the recipient of this transmittal.If the reader of this message is not the intended recipient or the intended <br /> recipient's agent,you are hereby informed that any review,dissemination,distribution or copying of the information contained in <br /> this e-mail transmission is strictly prohibited without the prior approval of the named recipient.You are further requested to contact <br /> the sender by calling(808)961-8251 and to return this e-mail transmission.Your cooperation is appreciated. <br /> From: Henry, Sharron <br /> Sent:Thursday, November 08, 2012 12:35 PM <br /> To: Hall, Cathy <br /> Cc: Hirota, Lyle; Beck, Dora;Torigoe, Ivan <br /> Subject: FW: Pualani Estates Phase 1 and II <br /> Cathy,see email below from Wastewater Division. <br /> Thanks. <br /> Sharron Henry <br /> Secretary to the Director <br /> County of Hawai'i <br /> Department of Environmental Management <br /> Mailing Address: 25 Aupuni Street <br /> Physical Address: Puainako Town Center, <br /> 2100 Kanoelehua <br /> Hilo, HI 96720 <br /> Phone: 808.961.8083 or 808.981.8398 <br /> Fax: 808.961.8086 or 808.981.2092 <br /> Email: schenrvc co.hawaii.hi.us <br /> cohdemOco.hawaii.hi.us <br /> 1 <br />