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WHEREAS, Grantor is willing to grant a perpetual easement to Grantee for such encroaching <br /> portion of Grantee's drainage system, upon the teems and conditions set forth herein; <br /> NOW, THEREFORE, in consideration of the premises and the mutual covenants and <br /> agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: <br /> 1. Demise and Description of Premises. The Grantor, in consideration of the sum of <br /> Ten Dollars ($10.00) to it paid by the Grantee, the receipt of which is acknowledged, and of the <br /> covenants herein contained and on the part of the Grantee to be observed and performed, and upon <br /> and subject to the terms and conditions hereinafter set forth, does hereby grant the following <br /> perpetual easement to Grantee: permission to install, operate and maintain a drainage system on <br /> premises owned by Grantor situate at Kahauloa 2nd, District of South Kona, Island, County and State <br /> of Hawaii, said easement being more particularly described in Exhibit "A" and delineated on Exhibit <br /> <br /> "B", both of which are attached hereto and made a part hereof. <br /> 2. Indemnification. Grantee shall indemnify, defend and save harmless, the Grantor, its <br /> successors and assigns, from and against any and all actions, claims, suits, damages, or costs arising <br /> out of or resulting from the acts or omissions of Grantee, its officers, agents, or employees, that may <br /> arise or result from the installation, operation, maintenance, presence, or use of Grantee's fixtures <br /> and all appurtenances connected therewith. <br /> 3. Maintenance. The Grantee shall use due care and diligence to keep the said drainage <br /> system and any improvements appurtenant thereto, in a safe, clean, sanitary, and orderly condition <br /> and will exercise its rights hereunder in a manner that will occasion only such interference with the <br /> use of the land by the owners and occupants as is reasonably necessary. <br /> 4. Access. Grantor grants to Grantee the right of ingress and egress at all reasonable <br /> times for the installation, maintenance, use, operation and repair of its fixtures and all appurtenances <br /> connected therewith. <br /> 2 <br /> <br />