Adjacent and Nearby Property Uses. Lessee, for itself and any person or entity claiming by, through or under it, understands and acknowledges that the Premises are adjacent to or nearby lands used for the operation of a pineapple plantation and other agriculture related activities and such other uses as may be permitted by law on said lands, and that Lessee desired and sought the Premises with the understanding that the Premises may be affected by nuisance or hazards to persons and property from such operations and related activities. Lessee covenants and agrees for itself, its permitted assigns, transferees, and any other party claiming by, through or under it that it assumes all such risks associated with such location and that it shall defend and hold Lessor harmless from any liability, claims or expenses, including attorneys’ fees, property damage, personal injury, or wrongful death arising from such operations and activities, and further covenants and agrees that the owners and occupants of such lands shall have the right, in the nature of an easement, to perpetually discharge, emit, diffuse, and inflict over and upon the Premises noise, smoke, soot, dust, lights, noxious vapors, odors, and other nuisances of every description arising from or incidental to the operation of the foregoing and other activities, subject only to zoning and other legal restrictions on use.
Adjacent and Nearby Property Uses. Tenant, for itself and any person or entity claiming by, through or under it, understands and acknowledges that the Premises are adjacent to or nearby other lands owned by Landlord or others, and that the activities of Landlord and its lessees, licensees, invitees, or others on such lands include or may include, without limitation, commercial activities, golf courses and other resort related activities, housing development, quarrying activities, cement manufacturing, refinery, power plant, or industrial park operations, the operation of agriculture related activities, the operation of heliports or airports, the storage of and explosives, military activities, sanitary landfill operations, underground fires, and such other uses as may be permitted by law on said lands, and that Tenant desired and sought the Premises with the understanding that the Premises may be affected by nuisance or hazards to persons and property from such operations and related activities. Tenant covenants and agrees for itself, its permitted assigns, transferees, and any other party claiming by, through or under it that it assumes all such risks associated with such location and that it shall defend and hold Landlord harmless from any liability, claims or expenses, including attorneys’ fees, property damage, personal injury, or wrongful death arising from such operations and activities, only with regard to liabilities, claims or expanses, including attorney’s fees, incurred or related to Tenant, its permitted assigns, transferees and any other party claiming by, through or under Tenant, and further covenants and agrees that Landlord or any other party shall have the right, in the nature of an easement, to perpetually discharge, emit, diffuse, and inflict over and upon the Premises noise, smoke, soot, dust, lights, noxious vapors, odors and other nuisances of every description arising from or incidental to the operation of the foregoing and other activities, subject only to zoning and other legal restrictions on use.
