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Location. The terms of the Conservation Easement shall not be amended or waived <br />without first consulting with the State Legacy Land Conservation Commission and <br />securing Board of Land and Natural Resources approval. This 10 year deadline may be <br />extended by a written instrument executed by the parties hereto. <br />3. In the event that County begins construction of the Na'alehu Wastewater <br />Treatment Plant in the WWTP Location within 10 years of the execution of ATA's <br />acquisition of the Property and recordation of the Conservation Easement, a <br />Conservation Easement in a form substantially same as the Conservation Easement <br />over the Waikapuna Property attached as Exhibit "C", will be recorded over and <br />permanently burden any land that is not within the final as -built layout for the WWTP <br />Location (which surveyed as -built location will be provided by County). <br />4. The parties (a) acknowledge the importance of the Conservation <br />Easement in preserving natural and cultural resources on the Waikapuna Property, (b) <br />agree to make good faith efforts to adhere to the spirit of the Conservation Easement <br />over the surrounding Waikapuna Property should the County develop the Na'alehu <br />Wastewater Treatment Plant on the WWTP Location, and (3) intend that they will openly <br />and transparently communicate with each other about conditions and actions on the <br />Waikapuna Property and the WWTP Location that may impact the conservation of the <br />natural and cultural resources protected under the Conservation Easement. <br />5. The County agrees that if ATA sells or otherwise transfers the Property, <br />ATA's successors and assigns shall have the same rights as ATA under this <br />agreement. <br />6. Counterparts. This Agreement may be executed in counterparts, each of <br />which shall be deemed to be an original, and all of which together shall be deemed to <br />be one and the same instrument when each party has signed one such counterpart. <br />7. Entire Agreement. This Agreement constitutes the full and complete <br />agreement and understanding between the parties hereto and shall supersede all prior <br />communications, representations, understandings or agreements, if any, whether oral or <br />written, concerning the subject matter contained in this Agreement, and no provision of <br />this Agreement, may be modified, amended, waived or discharged, in whole or in part, <br />except by a written instrument executed by all of the parties hereto. <br />Page 2 of 47 <br />