|
19. Default, Remedies. In the event the Grantee shall fail to
<br />observe or perform any of the terms, conditions, covenants, promises and •,
<br />assurances set forth in this grant ofnon-exclusive easement, the Grantor may
<br />at once terminate this grant of non-exclusive easement upon written notice to
<br />the Grantee without resort to any legal process and without prejudice to any
<br />other remedy or right of action on the Grantor's part at law or in equity.
<br />20. Waiver, Indemnity. The Grantee waives any claim or
<br />demand that the Grantee may have or might be able to bring against the
<br />Grantor for damages or injuries or for any liability, obligation, debt, losses,
<br />judgment or expense arising out of the use of the easement area or this grant
<br />ofnon-exclusive easement, including attorney fees and court costs and
<br />litigation expenses (referred to collectively and singularly as "liabilities"
<br />hereafter in this paragraph). The Grantee further agrees that it will not bring
<br />any claim, demand, action, suit or proceeding of any nature against the
<br />Grantor, its related and affiliated entities, parents, subsidiaries, partnerships,
<br />joint ventures, limited liability companies, members, trusts and assigns, of
<br />every tier, and their respective officers, directors, partners, agents,
<br />employees, volunteers, members, managers, trustees, shareholders, and any
<br />successors or assigns or Hokuli'a lot owners , or any of the foregoing, for
<br />any such liabilities, including, but not limited to, reasonable attorneys fees
<br />and all court costs and litigation expenses that relate to, arise out of, or are in
<br />any way connected with the use of the easement area or this grant of non-
<br />exclusive easement, whether foreseen or unforeseen, regardless of cause.
<br />In the event that any claim, demand, action suit or other
<br />proceeding is brought against the Grantee for any such liabilities, the
<br />20
<br />
|