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t.38. "Real ProDertv": The Land and Improvements. <br /> 1.39. "Recording Office": The Bureau of Conveyances of the State of <br /> Hawaii. <br /> 1.40. }Upon entry of the 363 Order, Seller shall <br /> promptly record in the Bureau vfCon'vby~nces of the State of Hawaii a restrictive <br /> covenant and equitable servitude running with the land, in form and content satisfactory <br /> <br /> to Buyer, encumbering the Excluded Land, providing substantially that: <br /> A. The development of one or more electric power plants are planned on <br /> TMK (3) 4/52:21 in the approximate location .shown on Exhibit "C". This <br /> document shall terminate and be of no effect 'rf no electric power plant is <br /> under construction by December 31, 1998; otherwise, this document shall <br /> continue effective so long as an electric power plant is under construction <br /> or in operation. <br /> B. Each owner, lessee and occupant of any portion of the Excuded Land, <br /> from time to time, is hereby notified that an electric power plant and <br /> various co-generation industries (businesses using heat from the power <br /> plant) are or will be constructed and operating on a portion of TMK (3) <br /> 415221, with possible environmental impacts of heavy truck and <br /> business traffic, odor, dust, smoke, noise or other industrial effects <br /> ("Environmental Impacts"). <br /> C. Each owner, lessee and occupant of the Excluded Land, from time to <br /> time, accepts such Environmental Impacts, and shall not in legal <br /> proceedings or otherwise, directly or indirectly interfere, or attempt to <br /> interfere, with the construction or operation or the granting of <br /> governmental permits, consents or approvals, for power plant or co- <br /> generation activities and land use. <br /> D. Each owner or lessee of the electric power plant, or of any business <br /> obtaining heat from the electric power plant, shall have the right to obtain <br /> all legal and equitable remedies arising out of any breach of this <br /> document, incuding without limitation, damages, and to enforoe <br /> compliance with this document by obtaining,m without limitation of other <br /> remedies, injunctive relief, and shall be entitled to recover its reasonable <br /> attorney's fees and costs in any action related to this document, these <br /> restrictions or servitudes, in which it is a prevailing party. <br /> 1.41. "Rollback Taxes": Any and all taxes, whether described as rollback <br /> <br /> taxes, defered taxes, retroactiv°~ taxes, real property taxes, or otherwise, whether <br /> presently owing or to be triggered by Suyer's change from agricuRural use of the Land, <br /> and any and all pr~r~ Ries, interest and other charges imposed under, p n.,uant to or in <br /> o.e+a~~.inasf~u f3 <br /> <br />