Common use of ADA Clause in Contracts

ADA. Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility, and barrier removal, and that such requirements may or may not apply to the Premises and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”; (2) whether such requirements are “readily achievable”; and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. Except as otherwise provided in Section 35 hereof, the parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the common areas, except as provided below; (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Work or other leasehold improvements to be performed in the Premises under or in connection with this Lease; (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by alterations in the Premises made by Tenant; and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the common areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use or occupancy of the Premises for any purpose other than general administrative offices. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. Landlord represents to Tenant that, to the actual knowledge of Landlord as of the date hereof, the common areas of the Project are currently in substantial conformance with the majority of the requirements of the ADA, and Landlord has developed an ADA compliance program that is in effect for the Building.

ADA. Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 ss.12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “"ADA”") establish requirements for under Title III of the ADA ("Title III") pertaining to business operations, accessibility, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Project Building depending on, among other things: (1) whether Tenant’s 's business is operations are deemed a “"place of public accommodation” " or “a "commercial facility”; ", (2) whether compliance with such requirements are “is "readily achievable”; " or "technically infeasible", and (3) whether a given alteration affects a “"primary function area” " or triggers “so-called "path of travel” " requirements. Except as otherwise The parties acknowledge and agree that Tenant has been provided in Section 35 hereof, the parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the common areas, except as provided below; (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Work or other leasehold improvements an opportunity to be performed in inspect the Premises under and Building sufficient to determine whether or in connection with this Lease; (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by alterations in not the Premises made by Tenant; and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance Building in the common areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use or occupancy of the Premises for any purpose other than general administrative offices. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. Landlord represents to Tenant that, to the actual knowledge of Landlord their condition current as of the date hereof, hereof deviate in any manner from the common areas ADA Accessibility Guidelines ("ADAAG") or any other requirements under the ADA pertaining to the accessibility of the Project are currently Premises or the Building. Tenant further acknowledges and agrees that except as may otherwise be specifically provided below, Tenant accepts the Premises and Building in substantial conformance with "as-is" condition and agrees that Landlord makes no representation or warranty as to whether the majority of Premises or Building conform to the requirements of the ADA, and Landlord has developed an ADAAG or any other requirements under the ADA compliance program that is in effect for pertaining to the Building.acces-

ADA. Landlord and Tenant The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “"ADA”") establish requirements for under Title III of the ADA ("Title III") pertaining to business operations, accessibility, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Leased Premises and the Project Building depending on, among other things: (1) whether Tenant’s 's business is operations are deemed a “"place of public accommodation” " or “a "commercial facility”; ", (2) whether compliance with such requirements are “is "readily achievable”; " or "technically feasible", and (3) whether a given alteration affects a “"primary function area” " or triggers “so-called "path of travel” " requirements. Except The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Leased Premises and Building sufficient to determine whether or not the Leased Premises and Building in their current condition as of the date hereof deviate in any manner from the ADA Accessibility Guidelines ("ADAAG") or any other requirements under the ADA or state or local law pertaining to the accessibility of the Leased Premises or the Building. Tenant further acknowledges and agrees that except as may otherwise be specifically provided herein, Tenant accepts the Leased Premises and Building in Section 35 hereof"as-is" condition and agrees that Landlord makes no representation or warranty as to whether the Leased Premises or the Building conform to the requirements of the ADAAG or any other requirements under the ADA or state or local law pertaining to the accessibility of the Leased Premises or the Building, Tenant has prepared or reviewed the plans and specifications for the Tenant's Work and has independently determined that such plans and specifications are in conformance with the ADAAG, any other requirements of the ADA and state and local law. Tenant further acknowledges and agrees that to the extent that Landlord prepared, reviewed or approved any of such plans and specifications, such action shall in no event be deemed any representation or warranty that the same comply with any requirements of the ADA or other applicable law. Notwithstanding anything to the contrary in this Lease, the parties hereby agree thatto allocate responsibility for Title III compliance as follows: (a) Landlord shall be responsible for performing ADA Title III compliance work required in the common areasareas of the Building on the floors on which the Leased Premises are located (except if Tenant is leasing the entire floor, except as provided belowin which event there are no Building common areas on that floor, in which event Tenant shall be solely responsible for any such ADA compliance); (b) Tenant shall be responsible for ADA all Title III compliance and costs in connection with the Leased Premises, including structural work, if any, and including any Work leasehold improvements or other leasehold improvements work to be performed in the Leased Premises under or in connection with this Lease; and (c) at Landlord’s election, Landlord may perform, or require that Tenant shall perform, and in either event Tenant shall be responsible for the cost of, ADA any so-called Title III “"path of travel” " requirements triggered by any construction activities or alterations in the Premises made by Tenant; and (d) Landlord may perform, or require Tenant Leased Premises. Except as set forth above with respect to perform, and Tenant shall be responsible for the cost of, ADA Landlord's Title III compliance in the common areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use or occupancy of the Premises for any purpose other than general administrative offices. obligations, Tenant shall be solely responsible for all other requirements under the ADA or other applicable law relating to Tenant or any affiliates or persons or entities related to Tenant (collectively, "Affiliates"), operations of Tenant or Affiliates, or the Leased Premises, including, without limitation, requirements under Title I of the ADA relating pertaining to Tenant’s 's employees. Landlord represents to Tenant that, to the actual knowledge of Landlord as of the date hereof, the common areas of the Project are currently in substantial conformance with the majority of the requirements of the ADA, and Landlord has developed an ADA compliance program that is in effect for the Building.

ADA. The parties hereby agree that (a) Landlord and Tenant acknowledge that shall be responsible for compliance with Title III of the Americans With Disabilities Act of 1990 (42 U.S.C. §Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “"ADA”") establish requirements for business operations, accessibility, and barrier removal, and that such requirements may or may not apply to the Premises and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”; (2) whether such requirements are “readily achievable”; and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. Except as otherwise provided in Section 35 hereof, the parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the common areasCommon Areas (defined below), except as provided below; , (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Work leasehold improvements or other leasehold improvements work to be performed in the Premises under or in connection with this Lease; , (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “"path of travel” " requirements triggered by alterations Tenant's Alterations in the Premises made by Tenant; Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the common areas Common Areas necessitated by the Building being deemed to be a “"public accommodation” " instead of a “"commercial facility” " as a result of Tenant’s 's use or occupancy of the Premises for any purpose other than general administrative officesPremises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant’s 's employees. Landlord represents to Tenant thatFor all purposes of this Lease, to the actual knowledge of Landlord as of the date hereof, the common Common Areas shall mean all areas of the Project are currently in substantial conformance with Real Property made available by Landlord from time to time for the majority general common use or benefit of the requirements tenants of the ADAbuilding, their employees and Landlord has developed an ADA compliance program that is in effect for invitees or the Buildingpublic, as such areas currently exist and as they may be changed from time to time.

ADA. Landlord and Tenant The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 ss.12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “"ADA”") establish requirements for under Title III of the ADA ("Title III") pertaining to business operations, accessibility, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Project Building depending on, among other things: (1) whether Tenant’s 's business is operations are deemed a “"place of public accommodation” " or “a "commercial facility”; ," (2) whether compliance with such requirements are “is "readily achievable”; " or "technically infeasible," and (3) whether a given alteration affects a “"primary function area” " or triggers “so-called "path of travel” " requirements. Except The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Premises and the Building sufficient to determine whether or not the Premises and the Building in their condition current as of the date hereof deviate in any manner from the ADA Accessibility Guidelines ("ADAAG") or any other requirements under the ADA pertaining to the accessibility of the Premises or the Building. Tenant further acknowledges and agrees that except as may otherwise be specifically provided herein, Tenant accepts the Premises and the Building in Section 35 hereof"as-is" condition and agrees that Landlord makes no representation or warranty as to whether the Premises or the Building conform to the requirements of the ADAAG or any other requirements under the ADA pertaining to the accessibility of the Premises or the Building. Tenant has prepared or reviewed the plans and specifications for the Tenant's Work and has independently determined that such plans and specifications are in conformance with the ADAAG and any other requirements of the ADA. Tenant further acknowledges and agrees that to the extent that Landlord prepared, reviewed or approved any of those plans and specifications, such action shall in no event be deemed any representation or warranty that the same comply with any requirements of the ADA. Notwithstanding anything to the contrary in this Lease, the parties hereby agree thatto allocate responsibility for Title III compliance as follows: (a) Landlord shall be responsible for ADA Title III compliance in the common areas, except as provided below; (b) Tenant shall be responsible for ADA all Title III compliance and costs in connection with the Premises, including structural work, if any, and including any Work leasehold improvements or other leasehold improvements work to be performed in the Premises under or in connection with this Lease; , and (cb) Landlord may perform, or require that Tenant shall perform, and Tenant shall be responsible for the cost of, ADA any so-called Title III “"path of travel” " requirements triggered by any construction activities or alterations in the Premises made by Tenant; and (d) Landlord may perform, or require Tenant Premises. Except as set forth above with respect to perform, and Tenant shall be responsible for the cost of, ADA Landlord's Title III compliance in the common areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use or occupancy of the Premises for any purpose other than general administrative offices. obligations, Tenant shall be solely responsible for all other requirements under the ADA relating to the Tenant or any affiliates or persons or entities related to the Tenant (collectively, "Affiliates"), operations of the Tenant or Affiliates, or the Premises, including, without limitation, requirements under Title I of the ADA relating pertaining to Tenant’s 's employees. Landlord represents to Tenant that, to the actual knowledge of Landlord as of the date hereof, the common areas of the Project are currently in substantial conformance with the majority of the requirements of the ADA, and Landlord has developed an ADA compliance program that is in effect for the Building.