Common use of CASp Inspection Clause in Contracts

CASp Inspection. Tenant acknowledges that (i) the lease of the Premises by Tenant pursuant hereto shall be on an “as is” basis, (ii) neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty with respect to the Premises or any other portion of the Project, and (iii) Landlord shall have no obligation to improve or alter the Premises or Project. The subject leased premises have not been inspected by a Certified Access Specialist (“CASp”). A 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.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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CASp Inspection. Tenant acknowledges Landlord discloses that (i) the lease of the Premises by Tenant pursuant hereto shall be on an “as is” basis, (ii) neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty with respect to the Premises or any other portion of the Project, and (iii) Landlord shall have no obligation to improve or alter the Premises or Project. The subject leased premises have not been inspected undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) of which provides: "A Certified Access Specialist (CASp”). A 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; 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." In connection with the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant elects to have the Premises inspected by a CASp: (i) it must notify Landlord of the election on or before the date when Tenant executes this Lease; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Xxxxxxxx's office in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be the responsibility of Tenant; and (v) a copy of the CASp report must be furnished to Landlord upon its completion.

Appears in 1 contract

Samples: Westgate Shopping Center Lease

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