CASp. Pursuant to California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as follows: “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 Landlord may not prohibit the Tenant or Tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant or Tenant, if requested by the Tenant 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.” a. In the event that Tenant elects to have a CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises. b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant. c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53. d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Lease.
Appears in 2 contracts
Samples: Lease (Marrone Bio Innovations Inc), Lease Agreement (Marrone Bio Innovations Inc)
CASp. Pursuant For purposes of Section 1938 of the California Civil Code, Lessor hereby discloses to Lessee, and Lessee hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease 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 Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code section 1938Section 55.52, Landlord 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, as within seven (7) days of the date of the execution of this First AmendmentLease. ☒ To Lessor's actual knowledge , the Premises has have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether . ☐ To Lessor's actual knowledge, the Premises meet all applicable construction-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 under standards. California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as followsstates: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested required by the Tenant 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 standard within the premises.”
a. In " Notwithstanding anything to the event that Tenant elects to have a contrary in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for (i) the payment of the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee's cost, any repairs necessary to correct violations of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant within the Premises provided that such repairs shall be responsiblein accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, at Tenant’s sole cost and expense, except as may be necessary for performing Lessee or its agents to complete any and all required repairs, alterations, modifications, and improvements: (i} repairs or correct violations with respect to the Premises (including but not limited that Lessee agrees to all structural elements), and (ii) undertake. Lessee shall have no right to cancel or terminate the Common Areas Lease due to the extent arising from or triggered by Tenant’s specific use violations of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In within the event Premises identified in a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of report obtained during the Term of the Lease.
Appears in 2 contracts
Samples: Lease (Grail, Inc.), Lease (Grail, Inc.)
CASp. Pursuant to California Civil Code section 1938, Landlord states that, as of the execution of this First Second Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as follows: “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 Landlord may not prohibit the Tenant or Tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant or Tenant, if requested by the Tenant 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.”
a. In the event that Tenant elects to have a CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} ) to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall sha11 not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Lease.
Appears in 2 contracts
Samples: Lease (Marrone Bio Innovations Inc), Lease Agreement (Marrone Bio Innovations Inc)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the event that mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (i) Tenant elects shall have the one-time right to have make a request for and obtain a CASp inspection of the Premises performed("Tenant CASp Inspection"); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), Tenant shall provide Landlord with at least thirty (30b) days only after 10 days' prior written notice of the date of such inspection. Additionallyto Landlord, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that (c) by a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards designated by Landlord and related laws and codes, or without any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} damage to the Premises (including but not limited to all structural elements)or Project, and (iid) to the Common Areas to the extent arising from or triggered by at Tenant’s specific use 's expense, including, without limitation, Tenant's payment of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or fee for the benefit ofTenant CASp Inspection, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In fee for any reports prepared by the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspectionTenant CASp Inspection (collectively, the "CASp Reports"); (iii) Tenant shall deliver a copy of any CASp Reports to Landlord within 3 business days after Tenant's receipt thereof; (iv) Tenant, at its expense, shall remain confidential and Tenant shall not disclose be responsible for making any improvements, alterations and/or repairs to or within the results Premises (other than to the structural portions of such inspection to any other partythe Building, except to the extent the same must be structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by order the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (v) if the Tenant CASp Inspection identifies any improvements, alterations and/or repairs necessary to correct violations of governmental authority with appropriate jurisdiction, or pursuant construction-related accessibility standards relating to applicable law. This Section 13 shall survive the termination or expiration (a) those items of the Term Project located outside the Premises and/or (b) any structural portions of the LeaseBuilding that are Landlord's obligation to perform as set forth in the Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall perform such work as and to the extent required by Applicable Laws, and, except as may be provided in the next paragraph of this Section 3, Tenant shall reimburse Landlord for the cost of such work within 30 days after Tenant's receipt of Landlord's invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or (2) a notice from a governmental authority, then (x) clause (i) and, to the extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant's reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that payment of costs for any work required by such inspection shall be governed by the provisions of the Lease applicable to compliance of the Premises and the Project with Applicable Laws.
Appears in 1 contract
Samples: Lease (CoreSite Realty Corp)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as follows: “A neither the Building nor the Existing Premises or the New Premises have undergone inspection by a Certified Access Specialist (“CASp”) (defined by California Civil Code Section 55.52). Pursuant to California Civil Code Section 1938, Tenant is hereby notified that a CASp can inspect the subject premises then Premises under the Lease and determine whether the subject premises comply Premises complies with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premisesPremises, the commercial property owner or Landlord may not prohibit the Tenant or Tenant from obtaining a CASp inspection of the subject premises what then comprises Premises for the occupancy or potential occupancy of the Tenant or Tenant, if requested by the Tenant or Tenant. The parties Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the any CASp inspection, the payment of the fee for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”
a. In Premises then covered by the event that Lease. If Tenant elects requests to have perform a CASp inspection of the Premises, Tenant shall, at its cost, retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord’s option) to perform the inspection of the Premises performed, at a time agreed upon by the parties. Tenant shall provide Landlord with at least thirty a copy of any report or certificate issued by the CASp (30) days prior written notice the “CASp Report”). Landlord and Tenant agree that any modifications necessary to correct violations of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-construction related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant identified in the CASp Report shall be responsiblethe responsibility of the party expressly provided for in the Lease, at Tenant’s sole cost and expenseincluding, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions Section 9 of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost Amendment and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term Article 24 of the Lease. Tenant agrees to keep the information in the CASp Report confidential except as necessary for the Tenant to complete such modifications.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. ” In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the event that mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (i) Tenant elects shall have the one-time right to have make a request for and obtain a CASp inspection of the Premises performed(“Tenant CASp Inspection”); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), Tenant shall provide Landlord with at least thirty (30b) days only after 10 days’ prior written notice of the date of such inspection. Additionallyto Landlord, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that (c) by a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that designated by Landlord and without any damage to the Premises do not meet all applicable construction-related accessibility standards or Project, and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, (d) at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment of the fee for performing any and all required repairs, alterations, modificationsthe Tenant CASp Inspection, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to fee for any reports prepared by the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspectionTenant CASp Inspection (collectively, the “CASp Reports”); (iii) Tenant shall deliver a copy of any CASp Reports to Landlord within 3 business days after Tenant’s receipt thereof; (iv) Tenant, at its expense, shall remain confidential and Tenant shall not disclose be responsible for making any improvements, alterations and/or repairs to or within the results Premises (other than to the structural portions of such inspection to any other partythe Building, except to the extent the same must be structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by order the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (v) if the Tenant CASp Inspection identifies any improvements, alterations and/or repairs necessary to correct violations of governmental authority with appropriate jurisdiction, or pursuant construction-related accessibility standards relating to applicable law. This Section 13 shall survive the termination or expiration (a) those items of the Term Project located outside the Premises and/or (b) any structural portions of the LeaseBuilding that are Landlord’s obligation to perform as set forth in the Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall perform such work as and to the extent required by Applicable Laws, and, except as may be provided in the next paragraph of this Section 16, Tenant shall reimburse Landlord for the cost of such work within 30 days after Tenant’s receipt of Landlord’s invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or (2) a notice from a governmental authority, then (x) clause (i) and, to the extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant’s reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that payment of costs for any work required by such inspection shall be governed by the provisions of the Lease applicable to compliance of the Premises and the Project with Applicable Laws.
Appears in 1 contract
Samples: Lease (CoreSite Realty Corp)
CASp. Pursuant For purposes of Section 1938 of the California Civil Code, Lessor hereby discloses to Lessee, and Lessee hereby acknowledges, that (check one): ☐ To Lessor’s actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease 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 Lease which have impacted the Premises’ compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code section 1938Section 55.52, Landlord 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, as within seven (7) days of the date of the execution of this First AmendmentLease. ☒ To Lessor’s actual knowledge , the Premises has have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether . ☐ To Lessor’s actual knowledge, the Premises meet all applicable construction-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 under standards. California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as followsstates: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested required by the Tenant 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 standard within the premises.”
a. In ” Notwithstanding anything to the event that Tenant elects to have a contrary in this Lease, Lessor and Xxxxxx hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for (i) the payment of the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee’s cost, any repairs necessary to correct violations of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant within the Premises provided that such repairs shall be responsiblein accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, at Tenant’s sole cost and expense, except as may be necessary for performing Lessee or its agents to complete any and all required repairs, alterations, modifications, and improvements: (i} repairs or correct violations with respect to the Premises (including but not limited that Lessee agrees to all structural elements), and (ii) undertake. Lessee shall have no right to cancel or terminate the Common Areas Lease due to the extent arising from or triggered by Tenant’s specific use violations of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In within the event Premises identified in a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of report obtained during the Term of the Lease.
Appears in 1 contract
Samples: Lease (Grail, LLC)
CASp. Pursuant to California Civil Code section Section 1938, Landlord states that, hereby notifies Tenant that as of the execution date of this First AmendmentLease, the Premises has not undergone inspection by a ““ Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section Section 55.53. Additionally, Landlord hereby discloses pursuant to Tenant, and Tenant hereby acknowledges, that California Civil Code Section 1938 of California Civil Code, as amended, provides as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. In ” Landlord and Tenant hereby acknowledge and agree that in the event that Tenant elects to have perform a CASp inspection of the Premises performedhereunder, Tenant such CASp inspection shall provide Landlord with be performed at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges Tenant’s sole cost and agrees that expense and Tenant shall be solely responsible for all coststhe cost of any repairs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that upgrades, alterations and/or modifications to the Premises do not meet all applicable or the Building necessary to correct any such violations of construction-related accessibility standards and related laws and codesidentified by such CASp inspection as required by Regulation, or any violations of said standardswhich repairs, laws or codes are found to existupgrades, then Tenant shall alterations and/or modifications may, at Landlord’s option, be responsible, performed by Landlord at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: payable as Additional Rent within ten (i} to the Premises (including but not limited to all structural elements), and (ii10) to the Common Areas to the extent arising from or triggered by Tenantdays following Landlord’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenantdemand.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Lease.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, Building and/or Project to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least thirty on or before the Lease Commencement Date; (30B) days any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, Tenant acknowledges (3) in a professional manner by a CASp designated by Landlord and agrees without any testing that Tenant shall be solely responsible would damage the Premises, Building or Project in any way, and (4) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of the Premises.
b. In the event that a any CASp inspection Reports to Landlord within two (whether performed 2) business days after Tenant's receipt thereof; (D) Tenant, at the election of Tenant its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or otherwise) discloses that within the Premises do not meet all applicable to correct violations of construction-related accessibility standards and related laws and codesincluding, or without limitation, any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), disclosed by such CASp inspection; and (iiE) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from if such CASp inspection identifies any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, workimprovements, alterations, modifications or improvements and/or repairs necessary to the Premises and/or the Common Areas pursuant to the provisions correct violations of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant relating to California Civil Code Section 55.53.
d. In the event a CASp inspection those items of the Building and Project located outside the Premises is performedthat are Landlord's obligation to repair as set forth in Section 7.2 above, then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the results of extent required by applicable laws to correct such inspectionviolations, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant's receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract
Samples: Office Lease (Sierra Oncology, Inc.)
CASp. Pursuant to For purposes of Section 1938 of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises, the Building and the Real Property have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the event that Premises, the Building and/or the Real Property to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws now or hereafter in effect, then Landlord and Tenant elects hereby agree as follows (which constitute the mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection of the Premises performedPremises, which request must be made, if at all, in a written notice delivered by Tenant shall provide to Landlord with at least on or before the date which is thirty (30) days after the earlier to occur of (1) the Delivery Date, and (2) the Lease Commencement Date; (B) any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, Tenant acknowledges (3) in a professional manner by a CASp designated by Landlord and agrees without any testing that Tenant shall be solely responsible would damage the Premises, the Building or the Real Property in any way, and (4) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of any CASp Reports to Landlord within two (2) business days after Tenant's receipt thereof; (D) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the Premises.
b. In the event that a Premises to correct violations disclosed by such CASp inspection; and (E) if such CASp inspection (whether performed at the election identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards relating to those items of the Building and related laws and codes, or any violations of said standards, laws or codes Real Property located outside the Premises that are found Landlord's obligation to existrepair as set forth in this Lease, then Tenant Landlord shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and perform such improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements and/or repairs as and to the Premises and/or the Common Areas pursuant extent required by applicable laws to the provisions of this Section 13correct such violations, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant's receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract
Samples: Lease Agreement (Netgear, Inc.)
CASp. Pursuant to Section 1938 of the California Civil Code section 1938Code, Landlord states thatSublandlord hereby advises Subtenant that (i) the Sublease Premises, as of the execution of this First Amendmentdelivered to Subtenant, the Premises has have not undergone an inspection by a “Certified Access Specialist” Specialist (“CASp”), and (ii) to determine whether Sublandlord’s actual knowledge, the 12790 Building has not undergone an inspection by a CASp. Sublandlord makes no representations or warranties with respect to the Sublease Premises meet all or 12790 Building complying with any applicable construction-related accessibility standards under federal, state and local standards, codes, rules and regulations governing physical access for persons with disabilities at places of public accommodation, including, but not limited to, the ADA, California Civil Code section 55.5312790 Building Standards Code, or California Health and Safety Code. Additionally, Landlord hereby discloses The following disclosure is made pursuant to Tenant, and Tenant hereby acknowledges, that Section § 1938 of the California Civil Code, as amended, provides as followswhich provides: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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 premisesSublease Premises.”
a. In ” Notwithstanding the event that Tenant foregoing, if Subtenant elects to have cause a CASp inspection of inspection, then the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall same will be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at TenantSubtenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Sublease Premises identified in such CASp report will be at Subtenant’s cost and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Lease.expense
Appears in 1 contract
CASp. Pursuant The Sublease Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). The following notice is given pursuant to California Civil Code section Section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant Subtenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or TenantSubtenant, if requested by the Tenant lessee or TenantSubtenant. 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.”
a. In the event ” Sublandlord and Subtenant hereby agree that Tenant if Subtenant elects to have perform a CASp inspection of the Premises performedSublease Premises, Tenant shall Subtenant will provide Landlord with at least thirty (30) days prior written notice to Sublandlord, and Sublandlord may elect, in Sublandlord’s sole discretion, to retain a CASp to perform the inspection. In either event, the payment of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant fee for the CASp inspection shall be solely responsible for all costs, expenses the sole responsibility of Subtenant and fees incurred in obtaining such CASp inspection the cost of the Premises.
b. In the event that a CASp inspection (whether performed at the election making any repairs necessary to correct violations of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant identified by such CASp inspection requested by Subtenant within the Sublease Premises and/or Building shall be responsible, at Tenant’s the sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use responsibility of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable lawSubtenant. This Section 13 shall survive the termination or expiration of the Term of the Lease.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938 of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Expansion Premises have not undergone inspection by a Certified Access Specialists (CASp). As required by Section 1938 1938(e) of the California Civil Code, as amended, provides Landlord hereby states as follows: “‘‘A Certified Cettified 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 Jaw does not require a CASp inspection of the subject premises, the commercial property owner or Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. ’’ In furtherance of the event that foregoing, Landlord and Tenant elects to have a hereby agree as follows: (a) any CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that requested by Tenant shall be solely conducted, at Tenant's sole cost and expense, by a CASp designated by Landlord, subject to Landlord's reasonable rules and requirements; (b) Tenant, at its sole cost and expense, shall be responsible for all costs, expenses and fees incurred in obtaining such CASp inspection making any improvements or repairs within the Expansion Premises to correct violations of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, relating to the Tenant Improvements or any Alterations; and (c) if anything done by of for Tenant in its use or occupancy of the Expansion Premises shall require any improvements or repairs to the Building or Project (outside the Expansion Premises) to correct violations of said construction-related accessibility standards, laws or codes are found to exist, then Tenant shall be responsiblereimburse Landlord upon demand, at Tenant’s sole cost and expenseas Additional Rent, for the cost to Landlord of performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, such improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenantrepairs.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Lease.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Premises, the Building, nor the Project, have undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least thirty on or before the Lease Commencement Date; (30B) days any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, Tenant acknowledges (3) in a professional manner by a CASp designated by Landlord and agrees without any testing that Tenant shall be solely responsible would damage the Premises, Building or Project in any way, and (4) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of the Premises.
b. In the event that a any CASp inspection Reports to Landlord within two (whether performed 2) business days after Tenant's receipt thereof; (D) Tenant, at the election of Tenant its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or otherwise) discloses that within the Premises do not meet all applicable to correct violations of construction-related accessibility standards and related laws and codesincluding, or without limitation, any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), disclosed by such CASp inspection; and (iiE) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from if such CASp inspection identifies any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, workimprovements, alterations, modifications or improvements and/or repairs necessary to the Premises and/or the Common Areas pursuant to the provisions correct violations of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant relating to California Civil Code Section 55.53.
d. In the event a CASp inspection those items of the Building and Project located outside the Premises is performedthat are Landlord's obligation to repair as expressly set forth herein, then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the results of extent required by applicable Laws to correct such inspectionviolations, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant's receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938 of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938 1938(e) of the California Civil Code, as amended, provides Landlord hereby states as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In furtherance of the event that foregoing, Landlord and Tenant elects hereby agree as follows: (a) any CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp approved in advance by Landlord, while any CASp inspection initiated by Landlord shall be conducted, at Landlord's sole cost and expense, by a CASp designated by Landlord; and (b) with respect to have improvements or repairs required to correct violations discovered during a CASp inspection initiated by Tenant, pursuant to this Section 13 above, Tenant, at its cost, is responsible for making any repairs within the Premises to correct violations of construction-related accessibility standards; and, if anything done by Tenant or at Tenant's direction in its use or occupancy of the Premises performedshall require repairs to the Building (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall provide shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord with at least thirty (30) days prior written notice upon demand, as Additional Rent, for the cost to Landlord of the date of performing such inspection. Additionallyrepairs, Tenant acknowledges and agrees provided that Tenant Landlord shall be solely responsible for all costs, expenses and fees incurred in obtaining the costs of performing such CASp inspection improvements or repairs to correct such violations of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any if such violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event were discovered during a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed initiated by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the LeaseLandlord.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
CASp. Pursuant to For purposes of Section 1938 of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialists (CASp). As required by Section 1938 1938(e) of the California Civil Code, as amended, provides Landlord hereby states as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. ” In furtherance of the event that foregoing, Landlord and Tenant elects to have a hereby agree as follows: (a) any CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that requested by Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsibleconducted, at Tenant’s 's sole cost and expense, for performing any by a CASp designated by Landlord, subject to Landlord's reasonable rules and all required repairs, alterations, modifications, and improvements: requirements; (i} to the Premises (including but not limited to all structural elements), and (iib) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s its sole cost and expense, a shall be responsible for making any improvements or repairs within the Existing Premises or the Remaining Premises to correct violations of construction-related accessibility standards; and (c) if Tenant in fact requests such CASp to certify the Premises (inspection and the Common Areasresults of such CASp inspection shall require any improvements or repairs to the Building or Project (outside the Existing Premises or the Remaining Premises, as applicable) as meeting all applicable to correct violations of construction-related accessibility standards and related laws and codesstandards, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and then Tenant shall not disclose reimburse Landlord upon demand, as Additional Rent, for the results cost to Landlord of performing such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, improvements or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leaserepairs.
Appears in 1 contract
Samples: Lease Termination Agreement (Amn Healthcare Services Inc)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises and the Expansion Space have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Existing Premises, the Expansion Space, the Building, and/or the Project to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least thirty on or before the Suite 500 Expansion Commencement Date; (30B) days any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, (3) in a professional manner by a CASp designated by Landlord and without any testing that would damage the Existing Premises, the Expansion Space, the Building or the Project in any way, (4) in accordance with all of the provisions of the Lease applicable to Tenant acknowledges contracts for construction, and agrees that Tenant shall be solely responsible (5) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports and/or certificates prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant's contract with the Premises.
b. In CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy of any CASp Reports to Landlord within two (2) business days after Tenant's receipt thereof; (E) any information generated by the event that a CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (whether performed I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such information, or (II) any governmental entity, agency or other person, in each instance to whom disclosure is required by law or by regulatory or judicial process; (F) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the election Existing Premises or the Expansion Space to correct violations of Tenant or otherwiseconstruction-related accessibility standards, including, without limitation, any violations disclosed by such CASp inspection; and (G) discloses that the Premises do not meet all applicable if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards and related laws and codes, relating to those items of the Building and/or the Project located outside the Existing Premises or any violations of said standards, laws or codes the Expansion Space that are found Landlord's obligation to existrepair as set forth in the Lease, then Tenant Landlord shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and perform such improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements and/or repairs as and to the Premises and/or the Common Areas pursuant extent required by applicable laws to the provisions of this Section 13correct such violations, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant's receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract
Samples: Lease (Achaogen Inc)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the event that mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (i) Tenant elects shall have the one-time right to have make a request for and obtain a CASp inspection of the Premises performed("Tenant CASp Inspection"); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), Tenant shall provide Landlord with at least thirty (30b) days only after 10 days' prior written notice of the date of such inspection. Additionallyto Landlord, Tenant acknowledges and agrees that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that (c) by a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards designated by Landlord and related laws and codes, or without any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} damage to the Premises (including but not limited to all structural elements)or Project, and (iid) to the Common Areas to the extent arising from or triggered by at Tenant’s specific use 's expense, including, without limitation, Tenant's payment of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or fee for the benefit ofTenant CASp Inspection, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In fee for any reports prepared by the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspectionTenant CASp Inspection (collectively, the "CASp Reports"); (iii) Tenant shall deliver a copy of any CASp Reports to Landlord within 3 business days after Tenant's receipt thereof; (iv) Tenant, at its expense, shall remain confidential and Tenant shall not disclose be responsible for making any improvements, alterations and/or repairs to or within the results Premises (other than to the structural portions of such inspection to any other partythe Building, except to the extent the same must be structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by order the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (v) if the Tenant CASp Inspection identifies any improvements, alterations and/or repairs necessary to correct violations of governmental authority with appropriate jurisdiction, or pursuant construction-related accessibility standards relating to applicable law. This Section 13 shall survive the termination or expiration (a) those items of the Term Project located outside the Premises and/or (b) any structural portions of the LeaseBuilding that are Landlord's obligation to perform as set forth in the Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall perform such work as and to the extent required by Applicable Laws, and, except as may be provided in the next paragraph of this Section, Tenant shall reimburse Landlord for the cost of such work within 30 days after Tenant's receipt of Landlord's invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or (2) a notice from a governmental authority, then (x) clause (i) and, to the extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant's reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that payment of costs for any work required by such inspection shall be governed by the provisions of the Lease applicable to compliance of the Premises and the Project with Applicable Laws.
Appears in 1 contract
Samples: Sublease (CoreSite Realty Corp)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least thirty on or before the Lease Commencement Date; (30B) days any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, Tenant acknowledges (3) in a professional manner by a CASp designated by Landlord and agrees without any testing that Tenant shall be solely responsible would damage the Premises, Building or Project in any way, and (4) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of the Premises.
b. In the event that a any CASp inspection Reports to Landlord within two (whether performed 2) business days after Tenant's receipt thereof; (D) Tenant, at the election of Tenant its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or otherwise) discloses that within the Premises do not meet all applicable to correct violations of construction-related accessibility standards and related laws and codesincluding, or without limitation, any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), disclosed by such CASp inspection; and (iiE) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from if such CASp inspection identifies any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, workimprovements, alterations, modifications or improvements and/or repairs necessary to the Premises and/or the Common Areas pursuant to the provisions correct violations of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant relating to California Civil Code Section 55.53.
d. In the event a CASp inspection those items of the Building and Project located outside the Premises is performedthat are Landlord's obligation to repair as set forth in this Lease, then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the results of extent required by applicable Laws to correct such inspectionviolations, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant's receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract
CASp. Pursuant to For purposes of Section 1938 of the California Civil Code section 1938and to Sublessor’s actual knowledge, Landlord states thatSublessor hereby discloses to Sublessee, as of the execution of this First Amendmentand Sublessee hereby acknowledges, that the Premises has have not undergone inspection by a “Certified Access Specialist” Specialist (“CASp”). As required by Section 1938(e) to determine whether of the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides Sublessor hereby states as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp CA Sp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. ” In furtherance of the event that Tenant elects to have a foregoing, Sublessor and Sublessee hereby agree as follows: (i) any CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant requested by Sublessee shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsibleconducted, at TenantSublessee’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements), by a CASp reasonably approved in advance by Sublessor; and (ii) the parties’ rights and obligations with respect to making any repairs within the Common Areas Subleased Premises to the extent arising from or triggered by Tenant’s specific use correct violations of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant shall be in accordance with the Master Lease (to the extent incorporated herein). The foregoing verification is included in this Sublease solely for the purpose of complying with California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential 1938 and Tenant shall not disclose the results of such inspection to in any other party, except to the extent the same must be disclosed by order of governmental authority manner affect Sublessor’s and Sublessee’s respective responsibilities for compliance with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leaseconstruction-related accessibility standards as provided under this Sublease.
Appears in 1 contract
Samples: Sublease (Apollomics Inc.)
CASp. a. Pursuant to California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of the California Civil Code, Sublandlord hereby advises Subtenant that the Premises, as amendeddelivered to Subtenant, provides as followshave not undergone an inspection by a Certified Access Specialist ("CASp"). Sublandlord makes no representations or warranties with respect to the Premises complying with any applicable federal, state and local standards, codes, rules and regulations governing physical access for persons with disabilities at places of public accommodation, including, but not limited to, the Americans with Disabilities Act of 1990, California’s Xxxxx Civil Rights Act, California Building Standards Code, or California Health and Safety Code.
b. The following disclosure is made pursuant to §1938 of the California Civil Code: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. In c. Notwithstanding the event that Tenant foregoing, if Subtenant elects to have cause a CASp inspection of inspection, then the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant shall same will be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s Subtenant's sole cost and expense, for performing and the cost of making any and all required repairs, alterations, modifications, and improvements: (i} repairs necessary to correct violations of construction related accessibility standards within the Premises (including but not limited to all structural elements), will be at Subtenant’s cost and (ii) to the Common Areas expense to the extent arising from or triggered by Tenantit is Sublandlord’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of responsibility under the Lease.. [Signatures on following page]
Appears in 1 contract
Samples: Sublease (Ziprecruiter, Inc.)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938Code, Landlord states thatLessor hereby discloses to Lessee, as of the execution of this First Amendmentand Lessee hereby acknowledges, that the Premises has have not undergone inspection by a “Certified Access Specialist” Specialist (“CASp”). As required by Section 1938(e) to determine whether of the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. Additionally, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Section 1938 of California Civil Code, as amended, provides Lessor hereby states as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. In the event that Tenant elects to have a (a) any CASp inspection of the Premises performed, Tenant shall provide Landlord with at least thirty (30) days prior written notice of the date of such inspection. Additionally, Tenant acknowledges and agrees that Tenant requested by Lessee shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of the Premises.
b. In the event that a CASp inspection (whether performed at the election of Tenant or otherwise) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsibleconducted, at TenantLessee’s sole cost and expense, for performing any and all required repairs, alterations, modifications, and improvements: (i} to the Premises (including but not limited to all structural elements)by a CASp designated by Lessor, and (iib) to the Common Areas to the extent arising from or triggered by Tenant’s specific use parties shall mutually coordinate and reasonably approve of the Premises or from timing of any worksuch CASp inspection so that Lessor and/or Master Lessor may, improvements or alterations at its option, have a representative present during such inspection, and (including Tenant’s Workc) made by or on behalf ofLessee, or at its sole cost and expense, shall be responsible for the benefit of, Tenant.
c. In the event that Tenant is required to undertake making any repairs, workimprovements, alterations, modifications and/or repairs within the Premises to correct violations of construction-related accessibility standards disclosed by such CASp inspection in accordance with all applicable Laws; and, if anything done by or improvements for Lessee in its use or occupancy of the Premises shall require any improvements, alterations, modifications and/or repairs to the Premises and/or Building (outside the Common Areas pursuant Premises) to the provisions correct violations of this Section 13construction-related accessibility standards disclosed by such Lessee requested CASp inspection, Tenant agrees that promptly following completion thereof, Tenant shall causethen Lessee shall, at TenantLessor’s option, either (i) perform such improvements, alterations, modifications and/or repairs at Lessee’s sole cost and expense, a CASp to certify the Premises or (and the Common Areasii) reimburse Lessor within thirty (30) days of demand, as applicable) as meeting all applicable constructionRent, for the out-related accessibility standards and related laws and codesof-pocket cost to Lessor of performing such improvements, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performedalterations, the results of such inspectionmodifications and/or repairs, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except but only to the extent the same must be disclosed such improvements, alterations, modifications and/or repairs are required by order of governmental authority with appropriate jurisdiction, or pursuant applicable Laws to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasecorrect such violations.
Appears in 1 contract
Samples: Lease (Blue Apron Holdings, Inc.)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Existing Premises and the Expansion Premises have not undergone inspection by a person certified as a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “"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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. " In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant's right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Existing Premises and Expansion Premises, the Building and/or the Real Property to the extent permitted by applicable Requirements now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Requirements now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least within thirty (30) days after the Expansion Commencement Date; (B) any CASp inspection timely requested by Tenant shall be 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' prior written notice to Landlord of the date of such CASp inspection. Additionally, (3) in a professional manner by a CASp designated by Landlord and without any testing that would damage the Expansion Premises or Existing Premises, the Building or the Real Property in any way, (4) in accordance with all of the provisions of the Lease, as amended, applicable to Tenant acknowledges contracts for construction, and agrees that Tenant shall be solely responsible (5) at Tenant's sole cost and expense, including, without limitation, Tenant's payment of the fee for all costssuch CASp inspection, expenses and fees incurred the fee for any reports and/or certificates prepared by the CASp in obtaining connection with such CASp inspection (collectively, the "CASp Reports") and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant's contract with the Premises.
b. In CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy of any CASp Reports to Landlord within two (2) Business Days after Tenant's receipt thereof; (E) any information generated by the event that a CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (whether performed I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such information, or (II) any governmental entity, agency or other person, in each instance to whom disclosure is required by applicable Requirements or by regulatory or judicial process; (F) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the election Existing Premises and Expansion Premises to correct violations of Tenant or otherwiseconstruction-related accessibility standards, including, without limitation, any violations disclosed by such CASp inspection; and (G) discloses that the Premises do not meet all applicable if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Building and/or the Real Property located outside the Expansion Premises and related laws and codes, or any violations of said standards, laws or codes are found to existExisting Premises, then Tenant shall be responsible, at Tenant’s sole cost and expense, responsible for performing any and all required repairs, alterations, modifications, and such improvements: (i} to the Premises (including but not limited to all structural elements), and (ii) to the Common Areas to the extent arising from or triggered by Tenant’s specific use of the Premises or from any work, improvements or alterations (including Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s sole cost repairs as and expense, a CASp to certify the Premises (and the Common Areas, as applicable) as meeting all applicable construction-related accessibility standards and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a CASp inspection of the Premises is performed, the results of such inspection, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose the results of such inspection to any other party, except to the extent required by applicable Requirements to the same must be disclosed by order of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This extent provided in Section 13 shall survive the termination or expiration 8.1(a) of the Term Office Lease and Landlord shall be responsible for performing any such improvements, alterations, modifications and/or repairs as and to the extent required by applicable Requirements to the extent provided in Section 8.1(c) of the Office Lease.
Appears in 1 contract
Samples: Lease (ChromaDex Corp.)
CASp. Pursuant to For purposes of Section 1938(a) of the California Civil Code section 1938, Landlord states that, as of the execution of this First Amendment, the Premises has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code section 55.53. AdditionallyCode, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Premises, the Building, nor the Project, have undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938 1938(e) of the California Civil Code, as amended, provides as follows: “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 Landlord lessor may not prohibit the Tenant lessee or Tenant tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Tenant lessee or Tenanttenant, if requested by the Tenant 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.”
a. ” In the event that Tenant elects furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant’s right to have request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the Premises performed, parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall provide have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord with at least thirty on or before the Lease Commencement Date; (30B) days any CASp inspection timely requested by Tenant shall be 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’ prior written notice to Landlord of the date of such CASp inspection. Additionally, Tenant acknowledges (3) in a professional manner by a CASp designated by Landlord and agrees without any testing that Tenant shall be solely responsible for all costs, expenses and fees incurred in obtaining such CASp inspection of would damage the Premises.
b. In the event that a CASp inspection , Building or Project in any way, and (whether performed at the election of Tenant or otherwise4) discloses that the Premises do not meet all applicable construction-related accessibility standards and related laws and codes, or any violations of said standards, laws or codes are found to exist, then Tenant shall be responsible, at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment of the fee for performing such CASp inspection, the fee for any reports prepared by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all required repairs, alterations, modifications, other costs and improvements: expenses in connection therewith; (i} C) Tenant shall deliver a copy of any CASp Reports to the Premises Landlord within two (including but not limited to all structural elements), and (ii2) to the Common Areas to the extent arising from or triggered by business days after Tenant’s specific use of the Premises or from any work, improvements or alterations receipt thereof; (including D) Tenant’s Work) made by or on behalf of, or for the benefit of, Tenant.
c. In the event that Tenant is required to undertake any repairs, work, alterations, modifications or improvements to the Premises and/or the Common Areas pursuant to the provisions of this Section 13, Tenant agrees that promptly following completion thereof, Tenant shall cause, at Tenant’s its sole cost and expense, a CASp shall be responsible for making any improvements, alterations, modifications and/or repairs to certify or within the Premises (and the Common Areas, as applicable) as meeting all applicable to correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection; and related laws and codes, and pursuant to California Civil Code Section 55.53.
d. In the event a (E) if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Building and Project located outside the Premises is performedthat are Landlord’s obligation to repair as expressly set forth herein, then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the results of extent required by applicable Laws to correct such inspectionviolations, including any reports, surveys or other documentation prepared in connection with the inspection, shall remain confidential and Tenant shall not disclose reimburse Landlord for the results cost of such inspection to any other partyimprovements, except to the extent the same must be disclosed by order alterations, modifications and/or repairs within ten (10) business days after Tenant’s receipt of governmental authority with appropriate jurisdiction, or pursuant to applicable law. This Section 13 shall survive the termination or expiration of the Term of the Leasean invoice therefor from Landlord.
Appears in 1 contract