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