Common use of ADA Clause in Contracts

ADA. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. 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 under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Building depending on, among other things: (1) whether Tenant's business operations are deemed a "place of public accommodation" or a "commercial facility," (2) whether compliance with such requirements 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. 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 "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 to allocate responsibility for Title III compliance as follows: (a) Tenant shall be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if any, and including any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, and (b) Landlord shall perform, and Tenant shall be responsible for the cost of, any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Premises. Except as set forth above with respect to Landlord's Title III 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 pertaining to Tenant's employees.

ADA. The parties acknowledge that the Americans With with Disabilities Act of 1990 (42 U.S.C. 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 under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Building depending on, among other things: (1) whether Tenant's business operations are deemed a "place of public accommodation" or a "commercial facility," (2) whether compliance with such requirements is "readily achievable" or "technically infeasible," and (3) whether a given alteration affects a "primary function area" or triggers so-called "path of travel" requirementsBuilding. 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 "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 Landlord's Work and the Tenant's Work within the Premises and has the architect hired to prepare such plans will independently determined determine 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 to allocate responsibility for Title III compliance as follows: (a) Tenant shall be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if any, and including any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, and (b) Landlord shall perform, and Tenant shall be responsible for the cost of, any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Premises. Except as set forth above with respect to Landlord's Title III obligations, Tenant 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 pertaining to Tenant's employees.

ADA. The parties acknowledge that Notwithstanding anything in the Lease to the contrary, and except for Tenant’s obligations to reimburse Landlord for Operating Expense charges to the extent expressly provided in the Lease, as between Landlord and Tenant, Landlord and Tenant hereby allocate the risk, responsibility and expense of complying with Title III of the Americans With Disabilities Act of 1990 (42 U.S.C. ss.12101 et seq.“Title III”) and all rules, regulations and guidelines promulgated thereunderunder such act, as all of the same may be amended and supplemented from time to time (collectively referred to herein the “Disabilities Acts”) as the "ADA") establish requirements under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Building depending on, among other thingsfollows: (1) whether Tenant's business operations are deemed a "place Tenant shall bear the risk, responsibility and expense of public accommodation" or a "commercial facility,"complying with the Disabilities Acts in the Premises; (2) whether compliance Tenant shall bear the risk, responsibility and expense of complying with such requirements is "readily achievable" or "technically infeasible," the Disabilities Acts described in items (a), (b) and (c) of item 3 below; and (3) whether a given alteration affects a "primary function area" or triggers so-called "Except as provided herein, Landlord shall bear the risk, responsibility and expense (except Tenant shall be required to reimburse Landlord therefor through Operating Expenses charges to the extent expressly provided for in the Lease) of complying with the Disabilities Acts in the common areas of the Building (i.e., outside of the Premises and not located in the common areas used exclusively to access the Premises), including, without limitation, any “path of travel" requirements. The parties acknowledge and agree that Tenant has been provided an opportunity to inspect ” installations, additions or alterations required as a result of sums spent on tenant finish or other installations, additions or alterations inside 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 hereinPremises, Tenant accepts the Premises and the Building in "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 Landlord is specifically mandated by the authority having jurisdiction thereover to make such installations, additions or alterations; provided, however, 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 to allocate responsibility for Title III compliance as follows: (a) Tenant shall not be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if anyfor, and including any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, and (b) Landlord shall perform, and Tenant shall be responsible for the cost of, any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Premises. Except as set forth above with respect to Landlord's Title III obligations, Tenant shall be solely responsible for all other requirements under the ADA relating (at Tenant’s sole cost): (a) compliance that is necessitated to the common areas of the Building as a result of the specific use of the Premises by Tenant or any affiliates or persons or entities related (as opposed to general office use), (b) compliance that is necessitated to the Tenant (collectively, "Affiliates"), operations common areas of the Building as a result of installations, additions or alterations made by Tenant or Affiliates, or in such common areas and (c) compliance for the Premises, including, without limitation, requirements total area contained on all single tenant floors under Title I of the ADA pertaining to lease by Tenant's employees.

ADA. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. ss.12101 §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 under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Leased Premises and the Building depending on, among other things: : (1) whether Tenant's business operations are deemed a "place of public accommodation" or a "commercial facility," , (2) whether compliance with such requirements is "readily achievable" or "technically infeasible," feasible", and (3) whether a given alteration affects a "primary function area" or triggers so-called "path of travel" requirements. The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Leased Premises and the Building sufficient to determine whether or not the Leased Premises and the Building in their current condition current 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 the Building in "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 and ADAAG, any other requirements of the ADAADA and state and local law. Tenant further acknowledges and agrees that to the extent that Landlord prepared, reviewed or approved any of those 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 ADAADA or other applicable law. Notwithstanding anything to the contrary in this Lease, the parties hereby agree to allocate responsibility for Title III compliance as follows: : (a) Landlord shall be responsible for performing ADA Title III compliance work required in the common areas of the Building on the floors on which the Leased Premises are located (except if Tenant is leasing the entire floor, in 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 all Title III compliance and costs in connection with the Leased Premises, including structural work, if any, and including any leasehold improvements or other work to be performed in the Leased Premises under or in connection with this Lease, ; and (bc) at Landlord’s election, Landlord or Tenant shall perform, and in either event Tenant shall be responsible for the cost of, any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Leased Premises. Except as set forth above with respect to Landlord's Title III obligations, Tenant shall be solely responsible for all other requirements under the ADA or other applicable law 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 Leased Premises, including, without limitation, requirements under Title I of the ADA pertaining to Tenant's employees.

ADA. The parties Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. 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 under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Building depending on, among other things: (1) whether Tenant's business operations are deemed a "place of public accommodation" or a "commercial facility," , (2) whether compliance with such requirements 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. 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 hereinbelow, Tenant accepts the Premises and the Building in "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 acces- (a) Landlord shall be responsible 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 to allocate responsibility for performing ADA Title III compliance as follows: work required in the common areas of the Building on the floors on which the Premises are located, (ab) Tenant shall be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if any, and including in connection with any leasehold improvements (such as, but not limited to, partition, curtain and other non-loadbearing walls) or other work to be performed in the Premises under or in connection with this Amendment; provided, however that Tenant shall not be responsible for Title III compliance and costs in connection with structural work in the Premises which relates to the structural and mechanical building systems except to the extent such costs are included as Expenses as defined in Paragraph 4(A)(ii) of the Lease, and (bc) Landlord shall perform, and Tenant shall be responsible for the cost of, any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Premises. Except as set forth above with respect to Landlord's Title III 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 pertaining to Tenant's employees.

ADA. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. ss.12101 12101 et seq.) and regulations and guidelines guideline 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 under Title III of the ADA ("Title III") pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises and the Building depending on, among other things: (1) whether Tenant's business operations are deemed a "place of public accommodation" or a "commercial facility," (2) whether compliance with such requirements is "readily achievable" or "technically infeasible," and (3) whether a given alteration affects a "primary function area" or triggers so-called "path of travel" requirementsBuilding. 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 "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 to allocate responsibility for Title III compliance as follows:the (a) Tenant shall be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if any, and including any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, and (b) Landlord shall perform, and Tenant shall be responsible for at Landlord's cost (subject to inclusion in Operating Expenses to the cost ofextent allowed), any so-called Title III "path of travel" requirements triggered by any construction activities or alterations in the Premises. Except as set forth above with respect to Landlord's Title III 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 pertaining to Tenant's employees. Without limiting the foregoing, Landlord shall be responsible for complying with the ADA with respect to the common areas of the Building (and the costs thereof shall be included in Operating Expenses to the extent otherwise allowed, excluding the costs of remedying any violations existing as of the date hereof of the ADA as enacted, interpreted and enforced as of the date hereof).