411 



said Territory of Hawaii may have the care, custody and control of said 

 lands for said purpose during said period. 



EXCEPTING AND RESERVING, however, unto said Maui Agri- 

 cutlural Company and their successors and assigns, and from the opera- 

 tion of the foregoing covenant and agreement of said Maui Agricultural 

 Company, all rights and interests that they have, or may have, by and 

 under said Partnership Agreement in said lands, or in respect thereof, 

 not inconsistent with the purposes or accomplishment or fulfillment of 

 the objects as herein set forth of the surrender herein by said Paia 

 Plantation, including within said: exception and reservation all rights 

 that said Maui Agricultural Company, would, or may, have under said 

 Partnership Agreement in the rights reserved and excepted herein, and 

 all exceptions and reservations herein made, by said Paia Plantation. 



BUT UPON ANY DEFAULT in the performance or observance 

 of any of the foregoing conditions, upon which the surrender of said Paia 

 Plantation herein is made, or any part thereof, then the rights given by 

 and under the foregoing covenant and agreement of said ^laui Agri- 

 cultural Company shall cease, cither at and upon the election of said Maui 

 Agricultural Company, said election to be evidenced by written notice 

 thereof given by said Maui Agricultural Company, their successors or 

 assigns, to the Governor of said Territory of Hawaii then holding office, 

 and said Maui Agricultural Company may thereupon, notwithstanding 

 any prior or other waiver or any prior breach of condition, without fur- 

 ther notice, enter upon said lands and resume their rights therein and the 

 use, enjoyment, care, custody and control thereof as they existed prior 

 to said covenant and agreement, or, upon the consummation of the for- 

 feiture of the rights by this indenture conferred by the entry of said Paia 

 Plantation on account of breach of condition as hereinbefore provided. 



IN WITNESS WHEREOF said Paia Plantation, party of the first 

 part, has caused these presents to be executed and its corporate seal to 

 be hereunto affixed by its proper officers thereunto duly authorized, and 

 said Territory of Hawaii, said party of the second part, has caused these 

 presents to be executed and its great seal to be hereunto affixed by George 

 R. Carter, Governor, and James W. Pratt, Commissioner of Public Lands, 

 and said Haiku Sugar Company, said Kalialinui Plantation Con;pany, 

 Limited, said Pulehu Plantation Company, Limited, said Kula Plantation 

 Company, Limited, said ]\Iakawao Plantation Company, Limited, and said 

 Kailua Plantation Company, Limited, which, together with said Paia 

 Plantation are the parties of the third part hereto, have each of them 

 caused these presents to be executed and their corporate seals to be here- 

 unto affixed by their proper officers thereunto duly authorized, the day 

 and year first above written. 



(Seal) PAIA PLANTATION. 



By (Sig.) H. P. Baldwin, 



Its President. 



and " J, Waterhouse, 



Its Treasurer. 



