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shall mean any or all oil, gas, coal, phosphate, sodium, sulphur,
<br /> iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore,
<br />
<br /> boehmite, laterite, gibbsite, alumina, all ores of aluminum and,
<br />
<br /> without limitation thereon, all other mineral substances and ore
<br /> deposits, whether solid, gaseous, or liquid, including all
<br />
<br /> geothermal resources, in, on, or under the land, fast or
<br /> submerged; provided, that "minerals" shall not include sand,
<br /> gravel, rock, or other material suitable for use and used in
<br />
<br /> general construction in furtherance of the Patentee's permitted
<br /> activities on the land and not for sale to others.
<br /> (2) All surface and ground waters appurtenant to the
<br /> land and the right on its own behalf or through persons
<br /> authorized by it, to capture, divert, or impound the same and to
<br /> occupy and use so much of the land as may be required in the
<br /> exercise of this right reserved.
<br /> Provided, however, that as a condition precedent to the
<br /> exercise of the rights reserved in Paragraphs 1 and 2, just
<br /> compensation shall be paid to the Patentee for any of Patentee's
<br /> improvements taken.
<br /> AND THE PATENTEE, for itself, its successors and
<br /> assigns, covenants with the State of Hawaii, and its successors
<br /> as follows:
<br /> A) The use and enjoyment of the land herein granted
<br /> shall not be in support of any policy which discriminates against
<br /> anyone based upon race, creed, sex, color, national origin,
<br /> religion, marital status, familial status, ancestry, physical
<br /> handicap, disability, age or HIV (human immunodeficiency virus)
<br /> infection.
<br /> B) The use of the land shall be in combination,
<br /> consolidation, or otherwise with other abutting lands owned by
<br /> the Patentee and shall be used in accordance with the appropriate
<br /> zoning and subdivision ordinances of the County of Hawaii.
<br /> C) Should the roadway herein granted be vacated,
<br /> closed, abandoned, or discontinued, disposal of same shall be in
<br /> accordance with the provisions of section 264-3, Hawaii Revised
<br /> Statutes.
<br /> SUBJECT TO rights of native tenants and regulatory
<br /> rights and ownership rights (if any) of the State of Hawaii
<br /> established pursuant to state law including Chapter 6E, Hawaii
<br /> Revised Statutes, over prehistoric or historic remains found in,
<br /> on, or under the land.
<br /> 198379 1.DOC
<br /> -3-
<br /> DEPARTMENT OF LAND AND NATURAL RESOURCES
<br /> LAND DIVISION ~ -
<br /> PO. BO%821
<br /> HONOI III II HGWiII Mfll1A
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