COM 0439.002 1996-1998 - Laserfiche WebLink

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Lessee will not demand any contribution whatsoever for the cost of providing or maincalning any such strip f_om Lessor or any other tenant of any land adjoining the Premises. Lessee understands and agrees that neither Lessor nor Lessor's other tenants shall be required to perform any crop or weed control cn any land adjoining the Premises. 4.07 Buildings and Improvements. (a) Maximum Building Area. In order to maximize the area of the Premises to be cultivated, Lessor may limit the portion of the Premises on which Lessee may allow each Permittee to construct buildings and improvements to a portion of the Premises not to excee3 an aggregate area of one-half (0.5) acre, notwithstanding any minimum or maximum building site area requirements of the County of Hawaii Zoning Code. (b) Use of Buildings and Improvements. Lessee and Permittees may use such buildings and improvements only for the purpose of equipment storage and crop processing and storage. Lessee acknowledges that no building or improvements may be used for residential purposes. V. LESSEE'S REPRESENTATIONS AND COVENANTS Lessee hereby represents and covenants with Lessor as follows: 5.01 Lessee's Acceptance and Possession of the Premises. (a) Acceptance and Condition of the Premises. Lessee acknowledges that Lessor has made no representation or warranty, express or implied, concerning the physical condition of the Premises or its suitability fcr Lessee's intended use or for any other purpose, and Lessor expressly disclaims any liability for any representation or warranty. Lessee acknowledges that Lessee has examined and shall accept the Premises in its then "as is" existing condition, Lessee having made such determinations and examinations as Lessee deems necessary regarding the suitability of the Premises for agricultural purposes. Lessee accepts and assumes all risks with respect to Lessee's entry upon the Premises and the condition of the Premises, including, without limitation: (i) any Hazardous Materials on the Premises; and (ii) all easements and any dangerous conditions (latent or patent) on the Premises. (b) Lessee's Release. Lessee hereby releases and discharges Lessor and Lessor's trustees, employees, agents, attorneys and assigns, from and against any and all suits, administrative proceedings, claims, demands, causes of action, damages, consequential damages, losses, costs and expenses of any GLS 081997 12548.6 GLS 2002 064 12