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otherwise improve Easements PA -3 and PA -4, Grantor or its successors <br /> and assigns shall be solely responsible for the maintenance and repair <br /> of such improvements within Easements PA -3 and PA -4. <br /> 2. The Grantor and Grantee agree that the execution and delivery to the County of <br /> Hawaii by Grantor of this Grant of Pedestrian Public Access Easements shall constitute full <br /> and final compliance with all mauka -makai and /or lateral public pedestrian and /or vehicular <br /> access requirements for the Project of Section 46 -6.5, Hawaii Revised Statutes (HRS), <br /> Chapter 205A, HRS, Chapter 343, HRS, Chapters 23 (Subdivision) and 34 (Public Access), <br /> Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage. <br /> 3. The Grantor and Grantee further agree that the use of the pedestrian public <br /> access easements by the general public for the purposes permitted hereunder constitutes use <br /> for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, <br /> Hawaii Revised Statutes Chapter 520. <br /> 4. That Grantee and the members of the general public shall not use the Easement <br /> Area for any purpose not expressly permitted herein. <br /> 5. That if at any time the premises across which the rights and easements are <br /> hereby granted, or any part thereof, shall be condemned or taken by any governmental <br /> authority, Grantee shall have the right to claim and recover from the condemning authority, <br /> but not from Grantor, such compensation as is payable for the said rights and easements <br /> within the Easement Area by Grantee, all of which shall be payable to Grantee. <br /> 6. The terms "Grantor" and "Grantee" wherever used herein shall include Grantor <br /> and Grantee and their respective heirs, devisees, personal representatives and assigns <br /> according to the context thereof <br /> 7. This writing contains the entire agreement of the parties hereto concerning the <br /> subject matter hereof, and this Grant of Pedestrian Public Access Easements supersedes all <br /> other agreements and understanding (whether oral or written) heretofore or <br /> contemporaneously herewith made by the parties. <br /> 5 <br />