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3. The Grantor and Grantee further agree that the use of the lateral pedestrian <br /> public access easement by the general public for the purposes permitted hereunder constitutes <br /> use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, <br /> Chapter 520, HRS. <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,the Grantee shall have the right to claim and recover from the condemning <br /> authority,but not from the Grantor, such compensation as is payable for the said rights and <br /> easements within the public access easement by the Grantee, all of which shall be payable to <br /> the Grantee. <br /> 6. The terms "Grantor" and "Grantee" wherever used herein shall include the <br /> Grantor and the Grantee and their respective heirs,devisees,personal representatives and <br /> assigns 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 Public Access Easement supersedes all other <br /> agreements and understanding(whether oral or written)heretofore or contemporaneously <br /> herewith made by the parties. <br /> 2497242 - 6 - <br />