NOT FOR PUBLICATION
NO. 26725
The Memorandum Opinion of the court filed on December 21, 2005, is hereby amended as follows:
At page 20, line 6 from the top, delete the phrase "On the briefs:"
The clerk of the court is directed to incorporate the foregoing changes in the original opinion.
DATED: Honolulu, Hawai`i, December 22, 2005.