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hereof or the County Lot designated on the Tax Map of the State of Hawaii as TMK (3`d) 7-9- <br /> 009-051 as a result of the Encroachments described herein. <br /> 2. License. KRC, INC., hereby grants the County of Hawaii a license on the terms <br /> and conditions set froth herein: <br /> a. To maintain the County of Hawaii Asphalt Concrete driveway described in <br /> Paragraph "F" hereof on the Northerly side of the KRC Lot where it encroaches on the <br /> KRC lot (Encroachment "1" on Exhibit "B"). <br /> b. To maintain the County of Hawaii Portland Cement Concrete sidewalk <br /> described in Paragraph "G" hereof on the Southerly side of the County of Hawaii <br /> driveway where it encroaches on the Northerly side of the KRC Lot (Encroachment " 2" <br /> on Exhibit "B"). <br /> c. To maintain the County of Hawaii CRM retaining wall described in <br /> Paragraph "H" hereof where it encroaches on the Northerly and Easterly sides of the <br /> KCR Lot (Encroachment " 3" on Exhibit "B"). <br /> d. To maintain the County of Hawaii CRM retaining wall described in <br /> Paragraph "I" hereof where it encroaches on the Southerly side of the KRC Lot <br /> (Encroachment "4" on Exhibit "B"). <br /> The County of Hawaii declares that County of Hawaii does not make any claim <br /> <br /> against the KRC Lot identified as Tax Map Key: (3rd) 7-9-009-021, and is more particularly <br /> <br /> described in Exhibit "C" hereof by virtue of the Encroachments "1 " 2", " 3" and/or "4". <br /> <br /> Therefore, the County of Hawaii forever relinquishes any accrued right, if any, to claim title to or <br /> <br /> right of possession of any portion of the KRC Lot identified as Tax Map Key: (3`d) 7-9-009-021, <br /> and is more particularly described in Exhibit "C" hereof as a result of the Encroachments <br /> described herein. <br /> 3. Termination of License. The licenses granted hereby shall automatically <br /> terminate if the Encroachments referred to herein are hereafter removed by the encroaching party <br /> or destroyed by any cause beyond the control of and without the negligence of by the party <br /> whose property is encroached upon. This license shall not permit either party to rebuild on the <br /> other party's Lot the Encroachment removed by the encroaching parry or substantially destroyed <br /> by any cause beyond the control of and without the negligence of the party whose property is <br /> encroached upon. At such time as any of the Encroachments referred to herein are completely <br /> removed by either party or substantially destroyed by any cause beyond the control of and <br /> without the negligence of either party, the license and this Agreement shall automatically <br /> terminate. The parties shall then prepare or cause to be prepared, and the parties hereto shall <br /> execute and record, evidence of such termination. "Substantially destroyed" shall mean more <br /> than one-half (112) of the Encroachment shall be damaged or destroyed. <br /> 4. Maintenance and Repairs. The encroaching parties shall be solely responsible <br /> for maintenance, repair and upkeep of the their encroachments in conformity with all applicable <br /> laws, ordinances, rules, and regulations. The cost of so maintaining the encroachments shall be <br /> borne by the encroaching party. Each party shall indemnify and hold the other party and their <br /> successors, assigns, invitees, lessees and tenants harmless from any loss, cost or damage <br /> resulting from the encroaching party's failure to so maintain any encroachment, or by reason of <br /> the quality, condition or repair of the encroachment when such loss, damage, injury or death <br /> 4 <br /> <br />