Common use of Certified Access Specialist Disclosure Clause in Contracts

Certified Access Specialist Disclosure. The following notice is given pursuant to California Civil Code Section 1938. “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby agree that if Tenant elects to perform a CASp inspection of the Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, the payment of the fee for the CASp inspection shall be borne by Tenant. The cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be allocated as provided in Section 5 of this Lease.

Appears in 3 contracts

Samples: Office Lease Agreement (Thimble Point Acquisition Corp.), Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)

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Certified Access Specialist Disclosure. The following notice is given pursuant to California In accordance with Civil Code Section 1938, Landlord hereby discloses that the Premises have not undergone inspection by a Certified Access Specialist for purposes of determining whether the property has or does not meet all applicable construction related accessibility standards pursuant to Civil Code Section 55.53. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Premises. The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby forgoing notwithstanding, the parties agree that if Tenant elects to perform a CASp inspection of the Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be solely responsible for the payment of the fee all fees for the CASp inspection shall be borne by Tenant. The cost of making and for any repairs it deems necessary to correct violations of construction-related accessibility standards within the Premises shall be allocated as provided in Section 5 a result of this Leasethe CASp inspection.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Certified Access Specialist Disclosure. The following notice is given pursuant For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that, to Landlord’s actual knowledge, the Premises have not undergone inspection by a CASp. California Civil Code Section 1938. 1938 states: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Notwithstanding anything to the contrary in this Lease, Landlord and Tenant hereby agree that if Tenant elects to perform a CASp inspection that, during the term of this Lease, as the Premisessame may be extended, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be responsible for the payment of the fee for the any CASp inspection shall be borne by that Tenant desires, and (ii) making, at Tenant. The cost of making ’s cost, any repairs necessary to correct violations of construction identified in such CASp inspection provided that such repairs shall be in accordance with the terms of the Lease. Tenant hereby agrees that: any CASp inspecting the Premises shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; Tenant shall promptly deliver to Landlord any CASp report regarding the Premises obtained by Tenant. Tenant shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises shall be allocated as provided identified in Section 5 a CASp report obtained during the Term of this the Lease.

Appears in 2 contracts

Samples: Lease (QuantumScape Corp), Office Lease (QuantumScape Corp)

Certified Access Specialist Disclosure. The following notice is given pursuant For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that, to Landlord’s actual knowledge, the Premises have not undergone inspection by a CASp. California Civil Code Section 1938. 1938 states: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Notwithstanding anything to the contrary in this Lease, Landlord and Tenant hereby agree that if Tenant elects to perform a CASp inspection that, during the term of this Lease, as the Premisessame may be extended, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be responsible for (i) the payment of the fee for the any CASp inspection shall be borne by that Tenant desires, and (ii) making, at Tenant. The cost of making ’s cost, any repairs necessary to correct violations of construction identified in such CASp inspection-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms of the Lease. Tenant hereby agrees that: any CASp inspecting the Premises shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; Tenant shall promptly deliver to Landlord any CASp report regarding the Premises obtained by Tenant; and Tenant shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Tenant or its agents to complete any repairs or correct violations with respect to the Premises that Tenant agrees to undertake. Tenant shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises shall be allocated as provided identified in Section 5 a CASp report obtained during the Term of this the Lease.

Appears in 1 contract

Samples: Industrial Lease Agreement (CF Finance Acquisition Corp II)

Certified Access Specialist Disclosure. The following notice is given pursuant For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that, to Landlord's actual knowledge, both the Original Premises and Expansion Premises have not undergone inspection by a CASp. California Civil Code Section 1938. “1938 states: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). " Notwithstanding anything to the contrary in the Lease, Landlord and Tenant hereby agree that if Tenant elects to perform a CASp inspection that, during the term of the PremisesLease, as the same may be extended, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be responsible for (i) the payment of the fee for the any CASp inspection shall be borne by that Tenant desires, and (ii) making, at Tenant. The cost of making 's cost, any repairs necessary to correct violations of construction-related accessibility standards within the Expansion Premises and Original Premises provided that such repairs shall be in accordance with the terms of the Lease. Tenant hereby agrees that: any CASp inspecting the Original Premises and/or Expansion Premises shall be allocated selected by Tenant, but subject to Landlord's prior approval not to be unreasonably withheld, conditioned or delayed; Tenant shall promptly deliver to Landlord any CASp report regarding the Original Premises and/or Expansion Premises obtained by Tenant; and Tenant shall keep information contained in any CASp report regarding the Original Premises and Expansion Premises confidential, except as provided may be necessary for Tenant or its agents to complete any repairs or correct violations with respect to the Original Premises and Expansion Premises that Tenant agrees to undertake. Tenant shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises identified in Section 5 of this Leasea CASp report obtained during the Term.

Appears in 1 contract

Samples: Lease Agreement (Amprius Technologies, Inc.)

Certified Access Specialist Disclosure. The following notice is given pursuant For purposes of Section 1938 of the California Civil Code, Sublandlord hereby discloses to Subtenant, and Subtenant hereby acknowledges, that to Sublandlord’s actual knowledge, the Subleased Premises have not undergone inspection by a CASp. California Civil Code Section 1938. 1938 states: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby agree that Notwithstanding anything to the contrary in the Sublease, if Tenant Subtenant elects to perform cause a CASp inspection Inspection of the Subleased Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, the payment of the fee for the such CASp inspection shall be borne by Tenant. The performed pursuant to the terms of the Master Lease, at Subtenant’s sole cost of making and expense, and Subtenant shall be responsible to complete any repairs necessary to or correct violations with respect to the Subleased Premises which Sublandlord is required to do so under the Master Lease as a result of construction-related accessibility standards within the Premises shall be allocated as provided in Section 5 of this LeaseCASp inspection.

Appears in 1 contract

Samples: Sublease Agreement (Snowflake Inc.)

Certified Access Specialist Disclosure. The As of the date of this Lease, to Landlord’s current actual knowledge without investigation, the Premises have not been inspected by a Certified Access Specialist (“CASp”). Accordingly, Xxxxxxxx makes the following notice is given pursuant to disclosure as required by California Civil Code Section 1938. : “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate If Tenant requests or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby agree that if Tenant elects to perform otherwise obtains a CASp inspection of the PremisesPremises or any other area(s) within the Building or the Property, then: (i) Tenant will shall pay the cost of such inspection; (ii) such inspection shall occur at a time mutually agreed upon by Landlord and Tenant; (iii) Tenant shall provide written notice to LandlordLandlord with a copy of the CASp’s report resulting from such inspection within 10 days after Tenant’s receipt thereof; (iv) Tenant shall not disclose and shall keep the CASp’s inspection, the nature and circumstances of such inspection, and Landlord may electall information in the CASp’s report absolutely confidential, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject except only to the prior written approval of Landlord. In either event, the payment of the fee for the CASp inspection extent necessary to comply with any disclosure required by applicable Laws or as otherwise permitted in this Section; and (v) Tenant shall be borne by Tenant. The cost of making any perform all repairs or other work necessary to correct violations of construction-related accessibility standards within the Premises identified by such CASp inspection, which repairs or other work shall be allocated as completed at Tenant’s sole cost and expense within 120 days after the date of such CASp inspection (provided Landlord may elect to complete any or all such repairs or other work, in Section 5 which case, Tenant shall pay to Landlord the entire cost thereof within 30 days after receipt of this Leasean invoice therefor). Notwithstanding the foregoing, to the extent reasonably necessary, Tenant may disclose information in such CASp report to a third-party assisting with such repairs or other work, provided that such third-party agrees in writing to keep such information confidential.

Appears in 1 contract

Samples: Office Lease Agreement

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Certified Access Specialist Disclosure. The As of the date of this Lease, to Landlord’s current actual knowledge without investigation, the Premises have not been inspected by a Certified Access Specialist (“CASp”). Accordingly, Landlord makes the following notice is given pursuant to disclosure as required by California Civil Code Section 1938. : “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate If Tenant requests or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby agree that if Tenant elects to perform otherwise obtains a CASp inspection of the Premises, then: (i) Tenant will shall pay the cost of such inspection; (ii) such inspection shall occur at a time mutually agreed upon by Landlord and Tenant; (iii) Tenant shall provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain with a CASp to perform the inspection. If Landlord does not so elect, the time and manner copy of the CASp report resulting from such inspection is subject within ten (10) days after Tenant’s receipt thereof; (iv) Tenant shall not disclose and shall keep the CASp inspection, the nature and circumstances of such inspection, and all information in the CASp report absolutely confidential, except only to the prior written approval of Landlord. In either event, the payment of the fee for the CASp inspection extent necessary to comply with any disclosure required by applicable Laws or as otherwise permitted in this Section; and (v) Tenant shall be borne by Tenant. The cost of making any perform all repairs or other work necessary to correct violations of construction-related accessibility standards identified by such CASp inspection within the Premises Building, which repairs or other work shall be allocated completed at Tenant’s sole cost and expense (other than required to repair violations of the Disabilities Acts existing as provided of the Effective Date applicable to the restrooms, in which case such repairs will be made at Landlord’s sole cost and expense as set forth in Section 5 4(d) above) within 180 days after the date of this Leasesuch CASp inspection (provided Landlord shall complete any or all such repairs or other work within the Building that affects the structure of the Building and those portions of the Premises outside the Building, in which case, Tenant shall pay to Landlord the amortized cost thereof as Additional Rent). Notwithstanding the foregoing, to the extent reasonably necessary, Tenant may disclose information in such CASp report to a third-party assisting with such repairs or other work, provided that such third-party agrees in writing to keep such information confidential.

Appears in 1 contract

Samples: Office Lease Agreement (OncoCyte Corp)

Certified Access Specialist Disclosure. The following notice is given pursuant For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that to Landlord’s actual knowledge, the Premises have not undergone inspection by a CASp. California Civil Code Section 1938. 1938 states: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Notwithstanding anything to the contrary in this Lease, Landlord and Tenant hereby agree that if Tenant elects to perform a CASp inspection of the Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be responsible for (i) the payment of the fee for the any CASp inspection shall be borne by that Tenant desires, and (ii) making, at Tenant. The cost of making ’s sole cost, any repairs necessary to correct violations of construction-related accessibility standards within the Premises, whether such violations occurred before or occur after the Commencement Date, if such CASp inspection at Tenant’s request reveals a violation, provided that such repairs shall be in accordance with the terms of the Lease. Tenant hereby agrees that: any CASp inspecting the Premises shall be allocated selected by Landlord; Tenant shall promptly deliver to Landlord any CASp report regarding the Premises obtained by Tenant; and Tenant shall keep information contained in any CASp report regarding the Premises confidential, except as provided may be necessary for Tenant or its agents to complete any repairs or correct violations with respect to the Premises that Tenant agrees to undertake. Tenant shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises identified in Section 5 of this Leasea CASp report obtained during the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Knightscope, Inc.)

Certified Access Specialist Disclosure. The following notice is given pursuant to California In accordance with Civil Code Section 1938, Landlord hereby discloses that the Premises have not undergone inspection by a Certified Access Specialist for purposes of determining whether the property has or does not meet all applicable construction related accessibility standards pursuant to Civil Code Section 55.53. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Premises. The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). Landlord and Tenant hereby forgoing notwithstanding, the parties agree that if Tenant elects to perform a CASp inspection of the Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, shall be solely responsible for the payment of the fee all fees for the CASp inspection shall be borne by Tenantinspection. The cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be allocated as provided in governed by Section 5 of this Lease6.2 above.

Appears in 1 contract

Samples: Lease Agreement

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