410 



ing- and removing said water, and doing any work incidental thereto, said 

 rights of ingress and egress and rights of way to extend from every point 

 upon said lands to every place hounding said lands and to all places be- 

 yond ; 



The right to plant such trees and shrubs on said lands as it, said 

 Territory, may desire, and the right of ingress and egress for the purpose ; 



The right to cut fence posts upon said lands for fencing any of said 

 lands, and the right of ingress and egress for the purpose of securing 

 such fence pests as well as of constructing such fences ; 



I'he right to make economic use of the forest now or hereafter on 

 said lands, subject to such reasonable rules and regulations for the pro- 

 tection and development of the forest reserve herein provided for on said 

 lands as may be made by the Board of Agriculture and Forestry of said 

 Territory or such other department as may succeed to the functions of 

 said Board, and also the right to use and enjoy said lands for any pur- 

 pose not inconsistent with the establishment, use, maintenance and develop- 

 ment bicrein provided for of said lands as a forest reserve, such use of 

 said forest "and use and enjoyment of said lands to be made in such man- 

 ner that will not materially interfere with the conservation of said water 

 supply on said lands, as well as also the right of ingress and egress for 

 such purposes, such rights of ingress and egress, as well as all other rights 

 of ingress and egress and rights c f w?y to be reserved, as aforesaid, to 

 said Territory, to extend from every point upon said lands to every place 

 bounding said lands and to all places beyond. 



BUT UPON ANY DEFAULT in the performance or observance of 

 any of the foregoing conditions or any part thereof on the part of said 

 Territory to be kept, observed and performed, said- Paia Plantation, 

 its successors or assigns, may thereupon, or at any time thereafter, not- 

 withstanding any prior or other waiver of any prior breach of condition, 

 with or without suit and without notice or demand, enter upon said 

 lands hereby surrendered by said Paia Plantation and thereby determine 

 the right to the care, custody and control hereby given to said Territory of 

 Hawaii and resume entire possession of said lands, and the full use, en- 

 joyment, care, ousted}' and control thereof shall thereupon revert to and 

 vest absolutely in said Paia Plantation, its successors or assrgns, and its 

 obligations under this indenture and said agreement with said Territory 

 of Hawaii shall thereupon be discharged. 



And said MAUI AGRICULTURAL COMPANY, in consideration of 

 the premises and of One Dollar ($i) to them paid by said Territory of 

 Hawaii, the receipt whereof is hereby acknowledged, do hereby covenant 

 and agree with said Territory of Hawaii that, as far as said ^laui Agri- 

 ddtural Company are concerned and interested in said lands under said 

 Partnership Agreement between said ]\Iaui Agricultural Company, dated 

 October 30. 1903, hereinbefore referred to, the lands of which the care, 

 custody and control are hereby surrendered by said Paia Plantation, may 

 be set apart immediately by said 1>rritory of Hawaii as a forest re- 

 serve for said purposes and said lands may be used and maintained as a 

 forest reserve for said purposes during said period of this surrender, and 



