California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material have come to be located on or beneath real property to provide written notice of that condition to a purchaser of said real property. There is a possibility that a release of Hazardous Material may have come to be located on or beneath one or more Properties. By the Purchaser’s execution of this Agreement, the Purchaser (i) acknowledges the Purchaser’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the Purchaser’s benefits thereunder and (ii) as of the date hereof and as of the Closing and after receiving advice of the Purchaser’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement.
(b) The Purchaser and the Sellers acknowledge that the Sellers are required to disclose if any Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (A) the property owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (B) it would not be the State’s responsibility to provide fire protection...
California Specific Provisions. 24.19.1 In addition to and not in limitation of any other waiver contained herein, Tenant hereby voluntarily waives the provisions of California Civil Code §§1941 and 1942 and all other provisions of law now in force or that become in force hereafter that provide Tenant the right to make repairs at Landlord’s expense and to deduct the expense of such repairs from Rent owing hereunder.
24.19.2 In addition to and not in limitation of any other waiver contained herein, Tenant hereby voluntarily waives any and all rights that Tenant may have under Legal Requirements to terminate this Lease prior to the Expiration Date, including, without limitation:
(a) the provisions of California Civil Code §1932(1) and all other provisions of law now in force or that become in force hereafter that provide Tenant the right to terminate this Lease if Landlord breaches its obligation, if any, as to placing and securing Tenant in the quiet possession of the Premises, putting the Premises in good condition or repairing the Premises;
(b) the provisions of California Civil Code §§1932(2) and 1933(4) and all other provisions of law now in force or that become in force hereafter that would permit or cause a termination of this Lease or an abatement of Rent upon damage to or destruction of the Premises, it being agreed and acknowledged that Article X constitutes an express agreement between Landlord and Tenant that applies in the event of any such damage to or destruction of the Premises; and
(c) the provisions of California Code of Civil Procedure §1265.130 and all other provisions of law now in force or that become in force hereafter that would allow Tenant to petition the courts to terminate this Lease in the event of a Partial Taking.
24.19.3 Landlord and Tenant hereby agree and acknowledge that Article XI provides for Landlord’s and Tenant’s respective rights and obligations in the event of a Condemnation of any Facility and, in addition to and not in limitation of any other waiver contained herein, each hereby voluntarily waives the application of the provisions of California Code of Civil Procedure §§1265.110-1265.160 to this Lease.
24.19.4 In addition to and not in limitation of any other waiver contained herein, Tenant hereby voluntarily waives the provisions of any and all rights conferred by California Civil Code §3275 and California Code of Civil Procedure §§473, 1174 and 1179 and all other provisions of law now in force or that become in force hereafter that provide Tena...
California Specific Provisions. In the event of any inconsistencies between the terms and conditions of this Article 6 and the other terms and conditions of this Guaranty, the terms and conditions of this Article 6 shall control and be binding.
California Specific Provisions. 13.1 This Section 13.1 is applicable to California businesses only and is intended to provide guidance on Lucky Orange’s compliance with Cal. Civ. Code § 1798.100 et. seq., otherwise known as the “California Consumer Privacy Act of 2018” or “CCPA” as amended by the California Privacy Rights Act of 2020 in the performance of the Service. Capitalized terms used throughout this Section 13.1 but undefined elsewhere shall have their respect meanings under CCPA. In performing the Service, Lucky Orange operates as Customer’s service provider under the CCPA. As Customer’s service provider, Lucky Orange processes certain personal information, in accordance with Customer’s instructions, to fulfill a legitimate business purpose for Customer. The business purpose(s) for which Customer has retained Lucky Orange for include any one or more of the following activities: maintaining or servicing Lucky Orange accounts, providing customer service in connection with the Service, processing or fulfilling orders and transactions involving your website patrons, providing advertising or marketing services through the Lucky Orange proprietary tools, providing analytic services, or providing similar services on Customer’s behalf. Aside from fulfilling the business purpose for Customer, Lucky Orange does not disclose or resell Personal Information for any other commercial purpose, except in certain cases where the personal information has been pseudonymized or is considered aggregate consumer information. The CCPA provides California Consumers (“Consumers”) the right to request that Lucky Orange delete the Consumer’s personal information under certain conditions. When Lucky Orange receives a request to delete personal information from a Consumer, Lucky Orange will verify the identity of the Consumer and then, as applicable, direct its service providers to delete the Consumer’s personal information approved for deletion. Accordingly, in the event that Customer receives a verifiable Consumer request to delete personal information held by Lucky Orange (as determined in Customer’s sole discretion), Lucky Orange shall fulfill such request without delay, provided Customer makes such request using the form provided by Lucky Orange. Lucky Orange shall not respond to any other request made in any other manner by Customer so as to ensure the confidentiality, integrity, and security of the personal information it processes.
California Specific Provisions. The following provisions relate solely to those Facilities and related real property located within the State of California:
California Specific Provisions. 47 10.10 Authorization ................................................................................................................... 48 10.11
California Specific Provisions. 1Tenant hereby acknowledges and agrees that on or before the day hereof it has received from Landlord the disclosures required pursuant Section 25402.10 of the California Public Resources Code.
California Specific Provisions. (a) The Guarantor waives any rights and defenses that are or may become available to such Guarantor by reason of §§ 2787 to 2855, inclusive, and §§ 2899 and 3433 of the California Civil Code. As provided herein, this Guaranty shall be governed by, and construed in accordance with, the internal laws of the State of New York. The foregoing waivers and provisions hereinafter set forth in this Guaranty which pertain to California law are included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or any of the Obligations.
(b) The Guarantor understands and acknowledges that if the Secured Parties or any of them foreclose judicially or nonjudicially against any real property security for any of the Obligations, that foreclosure could impair or destroy any ability that the Guarantor may have to seek reimbursement, contribution, or indemnification from any of the Borrowers or others based
California Specific Provisions. 14.1. The following provisions only apply to the Processing of Customer Personal Data subject to the CCPA with respect to which Customer is a “business” (as defined in the CCPA):
(a) It is the parties’ intent that with respect to any personal information, Zip is a service provider. Zip shall not (a) sell any personal information; (b) retain, use or disclose any personal information for any purpose other than for the specific purpose of providing the Services, including retaining, using, or disclosing the personal information for a commercial purpose other than the provision of the Services or as permitted by the CCPA; or (c) retain, use or disclose the personal information outside of the direct business relationship between Zip and Customer.
(b) The parties acknowledge that Xxx’s retention, use and disclosure of personal information authorized by Customer’s instructions stated in the Data Processing Addendum are integral to Customer’s provision of the Services and the business relationship between the parties. The exchange of Customer Personal Data does not form part of the consideration exchanged between the parties in respect of the Agreement or any other business dealings.
California Specific Provisions. Each Guarantor absolutely, unconditionally, knowingly, and expressly waives any defense arising by reason of or deriving from any claim or defense based upon an election of remedies by the Lender, including any defense based upon an election of remedies by the Lender under the provisions of the California Code of Civil Procedure Sections 580a, 580b, 580d, and 726 or any similar law of California or any other jurisdiction. Pursuant to California Civil Code Section 2856: Each Guarantor waives all rights and defenses arising out of an election of remedies by the Lender, even though that election of remedies, such as a non-judicial foreclosure with respect to security for a guaranteed obligation, has destroyed such Guarantor’s rights of subrogation and reimbursement by the operation of California Code of Civil Procedure Section 580(d) or otherwise. Each Guarantor waives all rights and defenses that such Guarantor may have because the Guaranteed Obligations are secured by real property. This means, among other things, that:
(1) The Lender may collect from the Guarantors without first foreclosing on any real or personal property collateral pledged by or on behalf of the Borrower or any Guarantor; and
(2) If the Lender forecloses on any real property collateral pledged by or on behalf of the Borrower or any Guarantor: (a) the amount of the Guaranteed Obligations may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price; and (b) the Lender may collect from the Guarantors even if the Lender, by foreclosing on the real property collateral, has destroyed any right the Guarantors may have to collect from the Borrower or another Guarantor. This is an unconditional and irrevocable waiver of any rights and defenses the Guarantors may have because the Guaranteed Obligations are secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon California Code of Civil Procedure Sections 580a, 580b, 580d, or 726. If any of the Guaranteed Obligations are at any time secured by a mortgage or deed of trust upon real property, the Lender may elect, in its sole discretion, upon a default with respect to the Guaranteed Obligations, to foreclose such mortgage or deed of trust judicially or non-judicially in any manner permitted by law, before or after enforcing the Deed of Trust, the Notes or the other Loan Documents, without diminishing o...
