Common use of CASp Disclosure Clause in Contracts

CASp Disclosure. Section 1.5 of the Lease is hereby supplemented with the following: As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Expansion Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord also states that: ./-/11-17-20// 0000000x0 / 500209.0017 -13- “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.” As permitted by the quoted language above, it is agreed that: (a) any CASp inspection for the Expansion Premises requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Amendment has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of the Lease applicable to Tenant contracts for construction; (c) the CASp inspection of the Expansion Premises shall be conducted (i) at Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Expansion Premises, the provisions of Article 14 of the Lease shall govern Tenant’s responsibility to make such repairs to the Expansion Premises.

CASp Disclosure. For purposes of Section 1.5 of the Lease is hereby supplemented with the following: As required by Section 1938(a) 1938 of the California Civil Code, Landlord Lessor hereby discloses to Tenant Lessee, and Lessee hereby acknowledges, that (check one): ☐ To Lessor’s actual knowledge, the Expansion Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required If the Premises have undergone inspection by a CASp prior to the execution of this Second Amendment and, to the best of Lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Second Amendment which have impacted the Premises’ compliance with construction-related accessibility standards, Section 1938(e1938 requires Lessor to provide to Lessee, prior to execution of this Second Amendment, a copy of any report prepared by the CASp. If, prior to the date of this Second Amendment, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of the subdivision (a) of California Civil CodeCode Section 55.52, Landlord also states thatLessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Second Amendment. ☒ To Lessor’s actual knowledge, the Premises have not undergone inspection by a CASp. or ☐ To Lessor’s actual knowledge, the Premises have undergone inspection by a CASP but, to the best of Lessor’s knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 states: ./-/11-17-20// 0000000x0 / 500209.0017 -13- “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 Landlord may not prohibit the lessee Tenant or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenantTenant, if requested by the lessee or tenantTenant. 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.” As permitted by Notwithstanding anything to the quoted language abovecontrary in this Second Amendment, it is agreed Lessor and Lessee hereby agree that: (a) any , from the date of this Second Amendment, if Lessee requests to perform a CASp inspection for of the Expansion Premises requested Premises, Lessee shall, at its cost, retain a CASp approved by Tenant shall be requested by Tenant within ten Lessor (10) days after the date on which this Amendment has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit provided that Lessor may designate the CASp, at Lessor’s liability if the CASp fails option) to perform the inspection of the Premises at a time agreed upon by the parties. Lessee shall provide Lessor with a copy of any report or certificate issued by the CASp (the “CASp Report”). Lessor and Lessee agree that any modifications necessary to correct violations of construction related accessibility standards identified in accordance with the standard of care applicable to experts performing such inspections, Landlord CASp Report shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions responsibility of the Lease applicable party requesting same. Lessee agrees to Tenant contracts for construction; (c) the CASp inspection of the Expansion Premises shall be conducted (i) at Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) keep the information in the inspection shall not be disclosed by Tenant CASp Report confidential except as necessary for the Lessee to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose complete such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Expansion Premises, the provisions of Article 14 of the Lease shall govern Tenant’s responsibility to make such repairs to the Expansion Premisesmodifications.

CASp Disclosure. For purposes of Section 1.5 of the Lease is hereby supplemented with the following: As required by Section 1938(a) 1938 of the California Civil Code, Landlord Lessor hereby discloses to Tenant Lessee, and Lessee hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Expansion Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required If the Premises have undergone inspection by a CASp prior to the execution of this Amendment and, to the best of Lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Amendment which have impacted the Premises’ compliance with construction-related accessibility standards, Section 1938(e1938 requires Lessor to provide to Lessee, prior to execution of this Amendment, a copy of any report prepared by the CASp. If, prior to the date of this Amendment, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of the subdivision (a) of California Civil CodeCode Section 55.52, Landlord also states thatLessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Amendment. ☒ To Lessor's actual knowledge, the Premises have not undergone inspection by a CASp. or ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASP but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 states: ./-/11-17-20// 0000000x0 / 500209.0017 -13- “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 Lessor may not prohibit the lessee Lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenantLessee, if requested by the lessee or tenantLessee. 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.” As permitted by Notwithstanding anything to the quoted language abovecontrary in this Amendment, it is agreed Lessor and Lessee hereby agree that: , from the date of this Amendment, Lessee shall be responsible for (ai) the payment of the fee for any CASp inspection for the Expansion Premises requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Amendment has been executed by Landlord that Lessee desires, and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of the Lease applicable to Tenant contracts for construction; (c) the CASp inspection of the Expansion Premises shall be conducted (i) at Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlordmaking, (iii) after normal business hoursat Lessee's cost, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any repairs necessary repairs to correct violations of construction-related accessibility standards within the Expansion Premises, Premises provided that such repairs shall be in accordance with the provisions of Article 14 terms of the Lease (as amended). Lessee hereby agrees that: any CASp inspecting the Premises shall govern Tenant’s responsibility be selected by Lessor and reasonably approved by Lessee; Lessee shall promptly deliver to make such Lessor any CASp report regarding the Premises obtained by Lessee; and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Expansion PremisesPremises that Lessee agrees to undertake or otherwise as disclosure thereof may be required by law. Lessee shall have no right to cancel or terminate the Lease (as amended) due to violations of construction-related accessibility standards within the Premises identified in a CASp report obtained from the date of this Amendment.

CASp Disclosure. Section 1.5 of the Lease is hereby supplemented with the following: As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Expansion Premises have not undergone inspection by a Certified Access Specialist (“"CASp”"). As required by Section 1938(e) of the California Civil Code, Landlord also states that: ./-/11-17-20// 0000000x0 / 500209.0017 -13- “"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.” " As permitted by the quoted language above, it is agreed that: (a) any CASp inspection for the Expansion Premises requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Amendment has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp’s 's liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of the Lease applicable to Tenant contracts for construction; (c) the CASp inspection of the Expansion Premises shall be conducted (i) at Tenant’s 's sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Expansion Premises, the provisions of Article 14 of the Lease shall govern Tenant’s responsibility to make such repairs to the Expansion Premises.

CASp Disclosure. Section 1.5 For purposes of the Lease is hereby supplemented with the following: As required by Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Expansion Premises Leased Premises, the Building nor the Project have not undergone inspection by a Certified Access Specialist (“CASp”). As required by In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code, Landlord also states that: ./-/11-17-20// 0000000x0 / 500209.0017 -13- “"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.” As permitted by the quoted language above, it is agreed that" In furtherance of and in connection with such notice: (ai) any CASp inspection for the Expansion Premises requested by Tenant shall be requested by Tenant within conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2) only after ten (10) days after days' prior written notice to Landlord of the date on which this Amendment has been executed of such CASp inspection, (3) in a professional manner by a CASp designated by Landlord and Tenantwithout any testing that would damage the Leased Premises, Building or Project in any way, and (b) the contract under which the inspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of the Lease applicable to Tenant contracts for construction; (c) the CASp inspection of the Expansion Premises shall be conducted (i4) at Tenant’s 's sole cost and expense, including, without limitation, Tenant's payment of the fee for such CASp inspection, the fee for any reports prepared by the CASp in connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (ii) by Tenant shall deliver a copy of any CASp approved in advance by Landlord, Reports to Landlord within two (2) business days after Tenant's receipt thereof; (iii) after normal business hoursTenant, (iv) in a manner reasonably satisfactory to Landlordat its sole cost and expense, and (v) shall be addressed toresponsible for making any improvements, andalterations, upon completion, promptly delivered to, Landlord and Tenant; (d) modifications and/or repairs to or within the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs Leased Premises to correct violations of construction-related accessibility standards within the Expansion Premisesincluding, the provisions without limitation, any violations disclosed by such CASp inspection; and (iv) if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of Article 14 construction-related accessibility standards relating to those items of the Lease Building and Project located outside the Leased Premises that are Landlord's obligation to repair as expressly set forth in the Lease, then Landlord shall govern Tenant’s responsibility to make perform such improvements, alterations, modifications and/or repairs as and to the Expansion Premisesextent required by applicable laws to correct such violations, and Tenant shall reimburse Landlord for the cost of such improvements, alterations, modifications and/or repairs within ten (10) business days after Xxxxxx's receipt of an invoice therefor from Landlord.