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VITOUSEK: Okay, no worries. <br /> CARR: Chair Vitousek, this is Stanford Carr. May I respond to the allegations by the woman? <br /> VITOUSEK: It's the applicants time; you guys can present whatever you'd like, yeah. <br /> CARR: Okay, well, I feel it's appropriate in, in the fact of our reputation and name. You know, <br /> we have been in business for 33 years. We've completed over 6,000 units on three islands, over <br /> 2.5 billion dollars' worth of communities. We filed this lawsuit in Kualani in 2017. That is an <br /> ongoing litigation. Our pursuit of this litigation is to successfully complete the project, so that <br /> woman's allegations is factually incorrect. It has been litigation since 2017 against our partner <br /> for a breach of fiduciary duties, the duty of- - - appearance. We are very confident we will <br /> prevail in this lawsuit. It's our intent to prevail in this lawsuit and to complete the project, <br /> because we have never left a project incomplete ever in our history of doing business. <br /> VITOUSEK: Okay, mahalo. And I just want to state for the record that that testimony appeared <br /> to indicate as though that the Planning Commission has selected Mr. Carr, and that's just not <br /> how things work; Planning Commission has no say in who will be doing the work. It's just a <br /> review of the requested application, so,just to clarify that. <br /> I see Mr. Fuke's name is back at the bottom. <br /> JACKSON: Chair, it looks like he has a video but there is no audio icon, so he may not be able <br /> to hear us. <br /> HEAD: Bear with us,please. My sincere apologies. We are getting there. <br /> VITOUSEK: No worries. [Technical issue continues] Would it make sense at this time to move <br /> onto the next agenda item and come back to this one after you got it all squared away? <br /> JACKSON: Chair, if you would like to do that, I'm going to move <br /> HEAD: Excuse me, I'm sorry, here is, we have Sidney. We relocated Mr. Fuke. I apologize for <br /> our technical difficulties <br /> VITOUSEK: Okay <br /> HEAD: we planned for redundancy; this is our backup plan. <br /> VITOUSEK: Okay, terrific. <br /> HEAD: Thank you for your patience. <br /> 5 <br /> EXHIBIT D <br />