RES 140 Draft 02 2012-2014 - Laserfiche WebLink

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3. The Grantor and Grantee further agree that use of the parking, vehicular and pedestrian public access easements by the general public for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Chapter 520, HRS. 4. The Grantor and Grantee further agree that the Grantee's acceptance of this Grant of Public Access Easements is without prejudice to any existing rights to the ownership or use of the historical Ala Loa alignment within the Property. 5. That Grantee and the members of the general public shall not use the Public Access Easements for any purpose not expressly permitted herein. 6. That if at any time the premises across which the rights and easements are hereby granted, or any part thereof, shall be condemned or taken by any governmental authority, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as is payable for the said rights and easements within the Public Access Easements by Grantee, all of which shall be payable to Grantee. 7. The terms "Grantor" and "Grantee" wherever used herein shall include Grantor and Grantee and their respective heirs, devisees, personal representatives and assigns according to the context thereof. 8. All the terms, covenants and conditions of this Grant of Public Access Easements shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of Grantor and the successor and assigns of Grantee to the same extent as said terms, covenants and conditions inure to the benefit of and are binding upon Grantor and Grantee, respectively. 9. This writing contains the entire agreement of the parties hereto concerning the subject matter hereof, and this Grant of Public Access Easements supersedes all other agreements and understanding (whether oral or written) heretofore or contemporaneously herewith made by the parties. 10. The parties hereto agree that this instrument 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 - 7 -