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<br />(b) The parties acknowledge that the square footage of the Premises as set forth in <br />Exhibit "A" constitutes an estimated portion of the Complex. <br /> <br />(c) The parties understand and agree that the County may only transfer to HCI such rights <br />in the facility and grounds that it receives from the State ofHawai'i and under such <br />terms and conditions imposed by the State ofHawai'i. Notwithstanding any <br />provisions to the contrary, this lease is subject to any cancellation of use of the facility <br />by the Department of Land and Natural Resources, State ofHawai'i. <br /> <br />2. Term. The term of this lease shall commence on October 31,2009, and shall continue for a <br />term of 3 years. <br /> <br />3. Occupancy. HCI shall be given occupancy ofthe premises by October 31, 2009. <br /> <br />4. Rent. The lease rent shall be paid as follows: <br /> <br />$1.00/year <br /> <br />5. Parking Spaces. Parking space shall be open and joint to all users of the Complex. <br /> <br />6. Use. The Premises may be used and occupied for training programs for work opportunities <br />and skills for inmates in the areas of automotive and auto body repair, light construction, <br />landscaping, labor and playground projects. <br /> <br />7. Use of Premises and Compliance With Law. The County and HCI agree to the following <br />terms and conditions regulating the use of the Premises: <br /> <br />(a) HCI shall not perform any acts or carry on any practices which may be injurious to the <br />building, or is a nuisance or menace to other tenants in the building, and agrees to <br />maintain them with particular attention being paid to their orderliness, safety, <br />cleanliness and quality. <br /> <br />(b) HCI shall not permit the Premises to be used for any improper, offensive, or unlawful <br />purpose or for any purpose which will increase the existing rate of insurance on the <br />property. HCI will keep the Premises in a strictly clean, safe, neat and sanitary <br />condition, and will observe, perform and comply with all laws, statutes, ordinances, <br />rules and regulations of the health and other government authorities applicable to the <br />Premises and of all insurance policies at any time duly issued or in force which are <br />applicable to the conduct ofHCI's business on or about the Premises or any part <br />thereof, and will defend the County against all actions, suits, damages and claims by <br />whomsoever brought or made by reason of the nonperformance or nonobservance of <br />such laws, statutes, ordinances, rules and regulations or of this covenant. <br /> <br />-3- <br />