RES 132 Draft 01 1996-1998 - Laserfiche WebLink

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. . WIT N E"oS SET H : That the Grantor, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantees, the receipt of which is acknowledged, does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual right and easement to construct, reconstruct, repair, maintain and operate pole and wire lines and/or underground lines and to use such appliances and equipment as may be neces~ry for the transmission and distribution of electricity for light and power and/or communications and control circuits, including the right to trim and keep trimmed any tree or trees in the way of their appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of the pole and wire lines and equipment and/or underground lines, in order to keep them in efficient use and condition, over, under, upon, across and through those certain premises situate at Kaiwilahilahi, District of North Hilo, Island, County and State of Hawaii, being Lot 1, a portion of Grant 2729 to Keoki, Kaanaana, Kauwiwi and J{~i~ibi, Tax Map Key (3) 3-5-03:049. Said easement being within said Lot 1, all as more particularly shown in red on Exhibit A, attached hereto and by reference made a part hereof. TO HA VE AND TO HOLD the same unto the Grantees, their respective successors and assigns, for as long as needed. AND THE GRANTEES do hereby covenant and agree each for itself and not for the other that: (1) They will use due care and diligence to keep the lines and appurtenances in goodwand safe condition and repair and will exercise their rights hereunder in a manner that will occasion only such interference with the use of the premises by the owners and occupants as is reasonably necessary; and (2) Each of the Grantees agrees to indemnify the Grantor for any and all damages to its property caused by each Grantee's own failure to properly maintain and operate said lines and appurtenances as provided in paragraph (1) above, and will indemnify and hold harmless the Grantor against all claims, suits and actions by whomsoever brought on account of injuries to persons or property caused by each Grantee's own failure to observe the covenants contained in paragraph (1) above. -2-