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(b) Maintenance and Control of the Public Access Easement. Other than the <br /> execution of this Grant of Public Access Easement and performance of the <br /> duties hereunder, the Grantor shall have no responsibility to maintain, <br /> control, implement or provide lateral pedestrian public accesses upon and <br /> through the Project. The Grantee shall be solely responsible for <br /> maintaining, controlling, insuring and repairing the lateral pedestrian <br /> public access easement in a good and safe condition, ordinary wear and <br /> tear excepted. <br /> 2. The Grantor and Grantee agree that the execution and delivery to the County of <br /> Hawaii by Grantor of this Grant of Public Access Easement shall constitute full and final <br /> compliance with all mauka -makai and /or lateral public pedestrian and /or vehicular access <br /> requirements for the Project of Section 46 -6.5, Hawaii Revised Statutes (HRS), Chapter 205A, <br /> HRS, Chapter 343, HRS, Ala Loa and Ala Kahakai, Chapters 23 (Subdivision) and 34 (Public <br /> Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: <br /> Usage. <br /> 3. The Grantor and Grantee further agree that the use of the lateral pedestrian public <br /> access easement by the general public for the purposes permitted hereunder constitutes use for <br /> "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Hawaii <br /> 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 hereby <br /> granted, or any part thereof, shall be condemned or taken by any governmental authority, <br /> Grantee shall have the right to claim and recover from the condemning authority, but not from <br /> Grantor, such compensation as is payable for the said rights and easements within the public <br /> access easement 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 according <br /> 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 Public Access Easement supersedes all other <br /> - 5 - <br />