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ihrK-ex-S/ t,~04 w-KVM~C REALTY CORP ID%90E B373C PACE 9/9 <br /> from any and all claims, demands or causes of sciion vhich the <br /> Lot holder ha• or may have, whether arising in equity of !n <br /> <br /> ' law, for any injuries or damages which might be suffered or <br /> paid by the Lat holdar or nser arising from the use, ownership, <br /> control, design, construction, repair or maintenance of the <br /> Roadway and/or the improvements thereon or tbereef, and each <br /> Lot holder agrees to hold harmless and iadamnify the Gzantoz <br /> from any and all claims, demands, coats and tosses arising from <br /> such use, avnership, eontral, ea:iqn, construction, repair or <br /> maintenance by the Grantor, frog and after the date that the <br /> Lot holder shell havo accoptad legal or equitable to his Lat in <br /> the 'Kaaweloa Orchards Subdivision.` <br /> 6. Miscellaneous. <br /> (al Covenants To Run With Tha Land. All of the <br /> £eregoing terms, covenants, eondtrinns and restrictions shall <br /> run with and benefit the Lots, the Roadway and the easements <br /> appurtenant thereto and any deed, aeeegage, agreemene a! sale, <br /> ]ease or other document of eonveyano• of any right or ineerest <br /> in any Lot shall state that the [.ot desrrihwd in any such <br /> document is subject to this Roadway Use and Maintenance <br /> Agreemene. <br /> (b1 sever~abilit~~. Invalidity or unenforce- <br /> ability o£ any provision <br /> of'[Fis Roadway vsa and Maintenance <br /> Agreerent, in whole or in part, shalt not ailert the validity <br /> or enforceability of any other gcovision, or any valid and <br /> enforceable part of a provision, of this Roadway Use And <br /> Maintenance Agreement. <br /> (cl No Waiver. Failure to enforce any provision <br /> of Chese Berms, covenants, conditions and restrictions of this <br /> Roadway tlse and Maintenance Agtaement shall not operate a: a <br /> waiver of any such provision or of any other provision herein. <br /> (d) Benefit. This Roadway Use and Maintenance <br /> Agreement shall be for the benefit of and bind the Grantor and <br /> each and every Let holder of any Lot and any other person or <br /> persons who shall by contract agree to be bound this Roadway <br /> IIse and Maintenaneeagreea+ent or any part thezeof and shall be <br /> for the benefit of and run with the lands of such persons vhich <br /> shall in any way benefit from the terms and conditions h~TOef'_ <br /> (e) Inter retation, nodi£ieaelen and amendment. <br /> this >tOadway Use and Maintenance A9reeetene <br /> shall be <br /> interpreted, modified and amended in the acme manner as is <br /> provided Lor the interpretation. modiYicacion and amendment of. <br /> the Declaration to which this Agreement is attached. <br /> aooaR <br /> 6 <br /> <br /> LO'd 09£9 886 509 '~~I 'S'd'S Zb~F_T L6-BO-L^r <br /> <br />