Common use of Other Areas Clause in Contracts

Other Areas. In addition to the Conservation Area, Pūlama Lānaʻi, owns and controls Other Areas. Other Areas do not contain lands that are not owned and controlled by Pūlama Lānaʻi. Other Areas are considered Enrolled Property for the sole purpose of covering the Incidental Take of the Damselfly; this Agreement does not provide Incidental Take coverage for Covered Species other than the Damselfly outside of the Conservation Area. Standing or flowing water exists within the Other Areas. These Other Areas are shown on Figure 1 and include all tax map key numbers listed in Appendix B, except a portion of TMK 2-4-9-002-061 which is the Conservation Area (“Other Areas”). A wide variety of land uses, including habitat conservation lands, commercial resort properties, residential homes, businesses and industrial uses take place in the Other Areas. Conservation Measures for the Other Areas are described in Section 8. The Parties do not expect the Damselfly to expand into standing or flowing water in Other Areas due to the species’ habitat requirements, which include water free of fish predators, and water that is not chemically treated. Portions of the Other Areas are described in Sections 3.2.1 through 3.2.4 below.