Common use of Accessibility; Americans with Disabilities Act Clause in Contracts

Accessibility; Americans with Disabilities Act. (a) The Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction‐related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. Lessor hereby waives its right, if any, to require the Premises undergo a CASp inspection. (b) Since compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee’s specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee’s use of the Premises requires modifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary modifications and/or additions at Lessee’s expense.

Appears in 4 contracts

Samples: Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC)

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Accessibility; Americans with Disabilities Act. (a) The Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction‐related construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. Lessor hereby waives its right, if any, to require In the event that the Premises undergo have been issued an inspection report by a CASp inspectionthe Lessor shall provide a copy of the disability access inspection certificate to Lessee within 7 days of the execution of this Lease. (b) Since compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee’s 's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee’s 's use of the Premises requires modifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary modifications and/or additions at Lessee’s 's expense.. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. By: /s/ Bxxxx Xxxxxx By: /s/ Rxxxxx Xxxxxx Name Printed: Bxxxx Xxxxxx Name Printed: Rxxxxx Xxxxxx Title: CEO Title: Co-Founder and CEO Phone: Phone: Email: Email: Attn: Attn: Title: Title: Address: Address:

Appears in 1 contract

Samples: Standard Multi Tenant Office Lease (Energy Vault Holdings, Inc.)

Accessibility; Americans with Disabilities Act. (a) 20.27.1 The Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction‐related construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. Lessor hereby waives its right, if any, to require the Premises undergo a CASp inspection. (b) 20.27.2 Since compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are is dependent upon Lessee’s specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee requests a CASp inspection and/or Lessee’s use of the Premises requires modifications or additions to the Premises in order to be in ADA compliance with ADA (or other construction-related accessibility statutesstandards, if applicable), Lessee agrees to make any such necessary modifications and/or additions at Lessee’s expense.

Appears in 1 contract

Samples: Industrial/Commercial Multi Tenant Lease (Vital Therapies Inc)

Accessibility; Americans with Disabilities Act. (a) 20.27.1 The Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction‐related construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. Lessor hereby waives its right, if any, to require the Premises undergo a CASp inspection. (b) 20.27.2 Since some aspects of compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee’s specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislationlegislation applicable to Lessee’s specific use of the Premises. In the event that Lessee requests a CASp inspection and/or Lessee’s specific use of the Premises (rather than as generally required for any tenant of the Project) requires modifications or additions to the Premises in order to be in ADA compliance with ADA (or other construction-related accessibility statutesstandards, if applicable), Lessee agrees to make any such necessary modifications and/or additions at Lessee’s expense, provided that the foregoing shall not relieve Lessor of any obligations it otherwise has under this Lease regarding the condition of the Premises or its compliance with law. 20.27.3 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. LESSOR: R. E. Hazard Contracting Company, a California corporation By:Xxxxxx X. Xxxxxx Its: President Lessor’s Address for Notices: c/o Cypress View Properties, Inc. Attn: Xxxxx Xxxxxxxx 000 X Xxxxxx, Xxxxx 0000 Xxx Xxxxx, XX 00000 000-000-0000 LESSEE: Tandem Diabetes Care, Inc., a Delaware corporation By: Xxxxx X. Xxxxxx Its: Executive Vice President and General Counsel Lessee’s Address for Notices: 00000 Xxxxxxx Xxxxxx Xxx Xxxxx, XX 00000 Attn: Xxxxx Xxxxxx, Executive Vice President and General Counsel EXHIBIT A – “Site Plan of the Premises” EXHIBIT B – “Tenant Improvements” - [Not applicable – intentionally omitted.] EXHIBIT C – “Guaranty” - [Not applicable – intentionally omitted.] EXHIBIT D – “Estoppel Certificate” To Whom It May Concern: Re: Industrial/Commercial Multi-Tenant Lease – Gross Modified Dated February 19, 2019 ("Lease") By And Between Tandem Diabetes Care, Inc., a Delaware corporation (“Lessee”) and R. E. Hazard Contracting Company, a California corporation (“Lessor”), concerning the real property commonly known as 0000 Xxxxxxxxxxx Xxxxx, Xxx Xxxxx, XX (the “Premises”) Lessee hereby certifies to its actual (and not constructive) knowledge, without duty of investigation, as of the date hereof, as follows: 1. A true copy of the Lease, including all amendments thereto, if any, is attached as Exhibit A. Other than the document included in Exhibit A there are no oral or written agreements or understandings between the Lessor and Lessee with respect to the Premises. 2. The Lease term commenced on May 1, 2019, and will continue for eighty-four (84) months, until April 30, 2026. 3. The current monthly rent and Lessor’s Share of Operating Expenses (as defined in the Lease), if any, are as follows:

Appears in 1 contract

Samples: Industrial/Commercial Multi Tenant Lease (Tandem Diabetes Care Inc)

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Accessibility; Americans with Disabilities Act. (a) The Sublease Premises have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Certified Access Specialist (CASp) can inspect the subject premises Sublease Premises and determine whether the subject premises Subleaase Premises comply with all of the applicable construction‐related construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premisesSublease Premises, the commercial property owner Sublandlord or lessor Master Landlord may not prohibit the lessee or tenant Subtenant from obtaining a CASp inspection of the subject premises Sublease Premises for the occupancy or potential occupancy of the lessee or tenantSubtenant, if requested by the lessee or tenantSubtenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. Lessor hereby waives its right, if any, to require the Premises undergo a CASp inspectionSublease Premises. (b) Since compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon LesseeSubtenant’s specific specific use of the Premises, Lessor Sublandlord makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that LesseeSubtenant’s use of the Premises requires modifications modifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary modifications and/or additions at Lessee’s expense.other

Appears in 1 contract

Samples: Sublease Agreement (Phunware, Inc.)

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