PD BACKGROUND REPORT (PL-PDI-2022-000004)

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approval. If Grantee reasonably requires more than sixty (60) days to respond to the notice, Grantee may so notify Grantor in writing during the sixty (60) day period and will have an additional sixty (60) days to respond. Grantee may also withhold approval based upon its reasonable determination that the action as proposed would be inconsistent with the terms of this Easement. If Grantee's approval is withheld, Grantee shall provide Grantor with its reason(s) for such disapproval, and, if possible, what changes or additions to Grantor's request that would enable Grantor to receive Grantee's approval. Grantee's approval may include reasonable conditions, which must be satisfied in undertaking the proposed use or activity. A request by Grantor shall be conclusively deemed approved upon Grantee's failure to grant or deny approval within the time periods prescribed above. If Grantor must undertake emergency action to protect health or safety on the Protected Property or must act by and subject to the requirement of any governmental agency, Grantor may proceed with such action without Grantee's approval provided, that Grantor shall first make a reasonable attempt under the circumstances to give verbal/telephone notice to Grantee of the proposed action. (c) Addresses for Notices and Responses. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall, except as otherwise provided herein, be in writing either served personally or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: To Grantors: Kealakekua Heritage Ranch, LLC. Post Office Box 2240 Kealakekua, Hawaii 96750 To Grantee: State of Hawaii, Board of Land and Natural Resources Post Office Box 621 Honolulu, Hawaii 96809 or to such other address as either party from time to time shall designate by written notices to the other. 7. Dispute Resolution. If a dispute arises between the parties concerning the rights or obligations of either party under this Easement, the parties shall, within thirty (30) days of discovery of the dispute and delivery of notice thereof, arrange a face-to-face meeting of representatives of the parties and each make good faith efforts to resolve the dispute. If such a meeting is unsuccessful in resolving the dispute by sixty (60) days after the date that the initial request to meet was made, then either party may pursue all available equitable and legal remedies. 8. Grantee's Remedies. (a) Default. Notice of Violation. Grantee's Right to Cure. If Grantee determines that the Grantor is in violation of the terms of this Easement, or that a violation is threatened, Grantee shall give written notice to Grantor of such violation or threat of violation, and demand corrective action sufficient to cure or prevent the violation and, where the violates 419699_1.DOC 10 "AIM. AP"'D. Deportment of ibe A##armrry Geaar i