RES 351 Draft 01 2008-2010 - Laserfiche WebLink

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its equivalent form and character of indemnity acceptable to the Grantor, in an amount of at least $2,000,000 for each occurrence per claimant with an insurance company or companies licensed to do business in the State of Hawaii or through the County of Hawai`i's Self Insurance Fund as set forth in Chapter 2, Article 29, Sections 2 -156 through 2 -160, Hawaii County Code. The policy or policies of insurance shall name the Grantor as an additional insured. The insurance shall cover the entire easement area and any claims that may be made for bodily injury or property damages as a result of the general motoring public's use of the easement area or as a result of this grant of non - exclusive easement. 4. Effective Date: This amendment will take effect on Tuesday, June 1, 2010, and shall be . immediately forwarded to the Hawaii County Council for its ratification. 5. Cancellation of the Easement Agreement: Either the County or Oceanside can cancel this amended easement with sixty (60) days' written notification to the other party. 6. Development Agreement: This amended easement will not alter the terms, conditions or obligations that the parties have to one another under the Development Agreement. 7. Emergency Situations: There may be emergency situations when the Mamalahoa Highway Bypass could be opened for use by the public. The County and Oceanside agree that upon the request of County, through its Director of Public Works or his designated representative, Oceanside is willing to allow the Mamalahoa Highway Bypass to be opened for two -way traffic, if necessary, at other times than stated above, upon Oceanside's consent, and that all provisions as set forth above and in the original grant of easement and its amendments shall be applicable. 8. Remaining Conditions. All other terms and conditions of the Grant of Non - Exclusive Easement for Limited Public Access Over Private Roadways and its subsequent extensions that have not been amended shall remain in full force and effect. 9. Counterparts; Facsimile Signatures. This agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted pages of the counterparts may be discarded and the remaining pages assembled as one document. The submission of a signature page transmitted by facsimile (or similar electronic transmission facility) shall be considered as an "original" signature page for purposes of this agreement. 3