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RESERVING UNTO THE LESSOR THE FOLLOWING:
<br /> 1 . Minerals and waters . (a) All minerals as
<br /> hereinafter defined, in, on or under the premises and the right,
<br /> on its own behalf or through persons authorized by it, to
<br /> prospect for, mine and remove the minerals and to occupy and use
<br /> so much of the surface of the ground as may be required for all
<br /> purposes reasonably extending to the mining and removal of the
<br /> minerals by any means whatsoever, including strip mining.
<br /> "Minerals, " as used herein, shall mean any or all oil, gas, coal,
<br /> phosphate, sodium, sulphur, iron, titanium, gold, silver,
<br /> bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite,
<br /> alumina, all ores of aluminum and, without limitation thereon,
<br /> all other mineral substances and ore deposits, whether solid,
<br /> gaseous or liquid, including all geothermal resources, in, on, or
<br /> under the land, fast or submerged; provided, that "minerals"
<br /> shall not include sand, gravel, rock or other material suitable
<br /> for use and used in general construction in furtherance of the
<br /> Lessee ' s permitted activities on the premises and not for sale to
<br /> others . (b) All surface and ground waters appurtenant to the
<br /> premises and the right on its own behalf or through persons
<br /> authorized by it, to capture, divert or impound the same and to
<br /> occupy and use so much of the premises required in the exercise
<br /> of this right reserved; provided, however, that as a condition
<br /> precedent to the exercise by the Lessor of the rights reserved in
<br /> this paragraph, just compensation shall be paid to the Lessee for
<br /> any of Lessee ' s improvements taken.
<br /> 2 . Ownership of improvements . The ownership of all
<br /> improvements of whatever kind or nature, including but not
<br /> limited to fences and stock water system(s) located on the land
<br /> prior to or on the commencement date of this lease, excluding
<br /> those improvements constructed during the term of this lease
<br /> unless provided otherwise.
<br /> SUBJECT TO the rights of native tenants and to
<br /> regulatory rights and ownership rights (if any) of the State of
<br /> Hawai 'i established pursuant to state law including chapter 6E,
<br /> Hawai 'i Revised Statutes, over prehistoric or historic remains
<br /> found in, on, or under the land.
<br /> THE LESSEE COVENANTS AND AGREES WITH THE LESSOR AS FOLLOWS:
<br /> 1 . Payment of rent . The Lessee shall pay the rent to
<br /> the Lessor at the times, in the manner and form provided in this
<br /> lease and at the place specified above, or at any other place the
<br /> 2
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