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10. No Third Party Beneficiaries. This Agreement is made solely and specifically <br /> among and for the benefit of the parties hereto, and their respective successors and assigns, and <br /> no other person will have any rights, interest, or claim hereunder or be entitled to any benefits <br /> under or on account of this Agreement, whether as a third party beneficiary or otherwise. <br /> 11. Headings. The Headings used in this Agreement are inserted only as a matter of <br /> convenience and for reference and in no way define, limit or describe the scope of this <br /> Agreement nor the intent of any provision thereof. <br /> 12. Construction. In case any one or more of the provisions contained in this Agreement <br /> shall for any reason be held to be invalid, illegal, or unenforceable in any respect,that invalidity, <br /> illegality, or unenforceability shall not affect any other provision in this Agreement and this <br /> Agreement shall be construed as if the invalid illegal, or unenforceable provision had never been <br /> contained in it. <br /> 13. Governing Law. This Agreement, and all amendments or supplements thereto, shall <br /> be governed by and construed in accordance with the laws of the State of Hawaii. <br /> 14. Counterparts. This Agreement may be executed in two or more counterparts, each <br /> of which shall be deemed an original,but all of which together shall constitute one and the same <br /> instrument. <br /> IN WITNESS WHEREOF,the Parties enter into this Agreement. Each person signing <br /> this Agreement represents and warrants that he or she has been duly authorized to enter into this <br /> Agreement by the Party on whose behalf it is indicated that the person is signing. <br /> APPROVAL RECOMMENDED: COUNTY OF HAWAII <br /> By: By: <br /> BOBBY JEAN LEITHEAD TODD Name: <br /> Director Title: <br /> Department of Environmental <br /> Management, County of Hawai'i Date: <br /> Page 4 of 5 <br />