Common use of Use and Condition of Premises Clause in Contracts

Use and Condition of Premises. Tenant shall continue to use the Premises for the operation of a nursery and any incidental uses (the "PERMITTED USE"), and may maintain plants, equipment and improvements upon the property in connection with such use. The foregoing shall include all historic plant nursery uses of the Property by Tenant during its prior ownership of the property. Landlord shall not enter into any agreement with any governmental entity or any third party that would prohibit or restrict such Permitted Use by Tenant. Tenant will maintain the Premises in a clean and safe condition and will comply with all laws, ordinances, orders, rules and regulations with reference to the use, condition or occupancy of the Premises, however, notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible for, nor shall Tenant be required to repair, cure or remediate, any condition existing on the Property as of the date Landlord acquires the Property from Tenant pursuant to the Purchase Agreement (each such condition being referred to herein as an "EXISTING CONDITION"). Tenant will secure at its own expense all permits and licenses required for the transaction of business on the Premises in accordance with the Permitted Use. Tenant acknowledges and agrees that Landlord has made no representation or warranty, express or implied, as to the habitability, suitability, quality, condition or fitness of the Premises. Landlord shall deliver the Premises as is, with all faults and Tenant has accepted the Premises as being in good and satisfactory condition, suitable for the purposes herein intended.