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non-exclusive easement, the Grantor has not completed construction of the <br />Mamalahoa Bypass Highway and the Haleki`i Street Extension or the <br />installation of all equipment, appliances, signs, devices and striping <br />necessary for such roadways. Further, in light of the incomplete state of <br />construction, the easement area maybe considered to be in whole or in part a <br />construction site. <br />The Grantee has inspected the easement area, accepts the <br />easement area in its current "as is" condition for the proposed trial period <br />and acknowledges that if the easement area is used in the manner described <br />and required by this grant ofnon-exclusive easement, the easement area can <br />be safely used by the Grantee and the general motoring public for the <br />purposes intended by this grant non-exclusive easement and without <br />unreasonable risk or danger to the general motoring public or other <br />authorized and designated users. The Grantor makes no representation or <br />warranty with respect to the condition of the easement area, including the <br />fitness of the easement area for the particular purpose or use intended or <br />contemplated by the Grantee. The Grantee, in agreeing to accept the <br />easement area in its current "as is' condition, assumes all risks and dangers <br />regarding all aspects of the easement area and its use by the Grantee and the <br />general motoring public to the extent that such risks do not arise out of and <br />are not in any part caused by the Grantor's negligence or other legally <br />wrongful conduct. <br />The Grantor and the Grantee agree that the Grantee's <br />acceptance of the easement area for the purpose of this grant of non- <br />exclusive easement is limited to the condition and use of the easement area <br />for the purpose of this grant ofnon-exclusive easement. By accepting the <br />easement area and by signing this grant ofnon-exclusive easement, the <br />12 <br />