Common use of Non-Potable (Irrigation) Water; Existing Water Infrastructure Clause in Contracts

Non-Potable (Irrigation) Water; Existing Water Infrastructure. As of the Agreement Date, (i) there is no potable water service at the Project; (ii) non-potable irrigation water is currently being provided at the Project on a limited basis by an affiliate of HRF, Alakai Ranch & Farm, LLC (“ARF”); (iii) ARF owns the water utility infrastructure (the “Existing Water Infrastructure”) within the Project being used to deliver non-potable water to portions of the Project; and (iv) the non- potable water currently serving the Project is sourced from land outside of the Project and is not owned by HRF, ARF, Licensor or any of their affiliates. To provide water to the Project, ARF entered into a water facility agreement (the “Water Facility Agreement”) with Xxxx Food Company, Inc. (“Dole”) pursuant to which Dole permits ARF to draw water from certain sources located on Xxxx’x property and to use certain facilities to pump, store and transport the water to the Project and the Existing Water Infrastructure owned by ARF. However, the Water Facility Agreement only permits ARF to draw water on an “as-available” basis and only to the extent that water in excess of Xxxx’x requirements exists. Dole does not guaranty that a minimum amount of (or any) water will be available or the quality of the water that is provided. If there is insufficient water to service Xxxx’x needs, no water will be available under the Water Facility Agreement for use at the Project. Licensor intends to (i) purchase (and convey to the Association) the Existing Water Infrastructure and ARF’s rights and obligations under the Water Facility Agreement (or to obtain a new water facility agreement directly from Dole) on or prior to the Commencement Date; and (ii) without compensation from or other cost to the CPR Association, convey the same to the CPR Association, which will be responsible for owning, maintaining, repairing and operating the same for the use and benefit of Project owners. Notwithstanding the foregoing, Licensor makes no representation or warranty with respect to the continuing availability, amount, quality or cost of non-potable water that may be available to the Ag Lot from time to time and shall have no obligation to obtain or otherwise guaranty that irrigation water will be available to the Ag Lot or the Project at any time.

Non-Potable (Irrigation) Water; Existing Water Infrastructure. As of the Agreement Date, (i) there is no potable water service at the Project; (ii) non-potable irrigation water is currently being provided at the Project on a limited basis by an affiliate of HRF, Alakai Ranch & Farm, LLC (“ARF”); (iii) ARF owns the water utility infrastructure (the “Existing Water Infrastructure”) within the Project being used to deliver non-potable water to portions of the Project; and (iv) the non- potable water currently serving the Project is sourced from land outside of the Project and is not owned by HRF, ARF, Licensor or any of their affiliates. To provide water to the Project, ARF entered into a water facility agreement (the “Water Facility Agreement”) with Xxxx Food Company, Inc. (“DoleXxxx”) pursuant to which Dole Xxxx permits ARF to draw water from certain sources located on Xxxx’x property and to use certain facilities to pump, store and transport the water to the Project and the Existing Water Infrastructure owned by ARF. However, the Water Facility Agreement only permits ARF to draw water on an “as-available” basis and only to the extent that water in excess of Xxxx’x requirements exists. Dole Xxxx does not guaranty that a minimum amount of (or any) water will be available or the quality of the water that is provided. If there is insufficient water to service Xxxx’x needs, no water will be available under the Water Facility Agreement for use at the Project. Pursuant to the Subsequent Purchase Agreement, Licensor will have the right to acquire ARF’s interest in the Existing Water Infrastructure and the Water Facility Agreement, BUT ONLY IF AND WHEN Licensor acquires the fee simple interest in all of the Remaining Property under the terms of the Subsequent Purchase Agreement. If Licensor does not successfully acquire the fee simple interest in all of the Remaining Property under the terms of the Subsequent Purchase Agreement, Licensor may not have the right (and will have no obligation to) acquire ARF’s interest in the Existing Water Infrastructure and Water Facility Agreement. Provided that Licensor purchases the fee simple interest in all of the Remaining Property, Licensor intends to (iA) purchase (and convey to the Association) the Existing Water Infrastructure and ARF’s rights and obligations under the Water Facility Agreement (or to obtain a new water facility agreement directly from Dole) on or prior to the Commencement DateXxxx); and (iiB) without compensation from or other cost to the CPR Association, convey the same to the CPR Association, which will be responsible for owning, maintaining, repairing and operating the same for the use and benefit of Project owners. Until Licensor acquires HRF’s interest in the Existing Water Infrastructure and/or the Water Facility Agreement, Licensor must rely on ARF to provide potable water for the Property, including the Ag Lot. Notwithstanding the foregoing, Licensor makes no representation or warranty with respect to the continuing availability, amount, quality or cost of non-potable water that may be available to the Ag Lot from time to time and shall have no obligation to obtain or otherwise guaranty that irrigation water will be available to the Ag Lot or the Project at any time.to