Rules and Regulations of the Makawao Cemetery Association (Continued)

Rule 44.

All improvements or alterations of Plots in the Cemetery shall be under the direction of and subject to consent, satisfaction and approval of the Association, and should they be made without its written consent, the Association shall have the right to remove, alter or change such improvements or alterations at the expense of the Plot Owner, or in any event, at any time when in its judgment they become unsightly.

MANAGEMENT OF PERSONS AND ACTIVITIES WITHIN THE CEMETERY

Rule 45.

Persons within the Cemetery grounds shall use only the avenues, walks, alleys and roads, and the Association shall not be liable to any person injured while walking on the grass, or while on any portion of the Cemetery other than the avenues, walks, alleys or roads.

Rule 46.

Members, relatives, guests and visitors are always welcome at the Cemetery however any person(s) exhibiting inappropriate conduct may be asked to leave.

Rule 47.

The Association may take reasonable precautions to protect the Cemetery, and the improvements located therein, against loss or damage; but the Association shall not be responsible for any loss or damages caused by acts of God, third parties or any government act or regulation, whether the loss is direct or indirect.

Rule 48.

The Association shall have the sole and exclusive authority with respect to the planting, sodding, surveying and improvement of the Cemetery.

Rule 49.

No persons, other than the duly authorized employees or agents of the Association, shall be allowed to perform any work within the Cemetery without the written authorization and approval of the Board, which approval may be withheld at its sole discretion, and any authorized work shall be subject to all provisions of these Rules.

Rule 50.

If any tree, shrub or plant, by means of its roots, branches, or otherwise, becomes detrimental to the interment space, Plot or other feature of the Cemetery upon which it stands or adjacent thereto, or if for any other reason its removal is deemed necessary, the Association shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition caused thereby, as deemed necessary and prudent by the Board, at its sole discretion. In the event of any removal of a plant, shrub or tree, the Association shall have no obligation to replace said removed plant, shrub or tree.

Rule 51.

The Association reserves the right to enlarge, reduce, replant, or change the boundaries or grading of the Cemetery or a section or sections thereof, from time to time, including the right to modify or change the locations of, or remove or re-grade features, roads, drives, trees, shrubs, flowers, landscaping and walks, as deemed reasonably necessary by the Board. The Association further reserves the right to lay, maintain, operate, alter or change pipelines or gutters for sprinkling systems, drainage channels or other features, as well as the right to use the Cemetery property, not designated for Plots, for Cemetery purposes, including the interring and preparing for interment of dead human bodies, or for anything necessary, incidental or convenient thereto.

Rule 52.

The throwing of rubbish on the drives and paths or on any part of the grounds is prohibited. Receptacles for waste material are located at convenient places.

Rule 53.

The Superintendent is empowered to enforce all rules and regulations and to exclude from the property of the Association any person violating the same. The Superintendent shall have charge of the grounds and buildings, and at all times shall have supervision and control of all persons in the Cemetery.