Common use of Certified Access Specialist Inspection Clause in Contracts

Certified Access Specialist Inspection. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 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." In furtherance of the foregoing, Landlord and Tenant hereby agree that, in the event Tenant desires, in its sole discretion, to have the 6350 Expansion Premises undergo a CASp inspection, such, CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp designated by Tenant, and reasonably approved by Landlord, subject to Landlord's reasonable rules and requirements.

Certified Access Specialist Inspection. For purposes of Pursuant to Section 1938 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises have not undergone inspection by a Certified Access Specialist (as defined in Section 55.52 of the California Civil Code) (a “CASp”). As required by Section 1938(e) of the California Civil Code, 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 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." In furtherance of the foregoing, Landlord and Tenant hereby agree that, in the event Tenant desires, in its sole discretion, to have the 6350 Expansion Premises undergo a CASp inspection, such, as follows: (a) any CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp designated by Tenant, Tenant and reasonably approved by Landlord, ; and (b) subject to Landlord's reasonable rules the terms and requirementsconditions Article 7, Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications or repairs to correct violations of construction-related accessibility standards disclosed in the CASp inspection.

Certified Access Specialist Inspection. For purposes of Section 1938 of Neither the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Existing Premises nor the 6350 Expansion Additional Premises have not has undergone inspection by a Certified Access Specialist (“CASp,” as defined in California Civil Code Section 55.52). As Even if not required by Section 1938(e) California law, the Premises may be inspected by a CASp to determine whether the Premises comply with the ADA, and Landlord may not prohibit a CASp performing such an inspection. If Tenant requests that such an inspection take place, Landlord and Tenant shall agree on the time and manner of the California Civil Codeinspection, Landlord hereby states as follows: "well as which party will pay the cost of the inspection and the cost to remedy any defects identified by the CASp. A Certified Access Specialist (CASp) can inspect the subject premises Premises and determine whether the subject premises Premises comply with all of the applicable construction-related accessibility standards under state State law. Although state State law does not require a CASp Certified Access Specialist inspection of the subject premisesPremises, the commercial property owner or lessor Landlord may not prohibit the lessee or tenant Tenant from obtaining a CASp Certified Access Specialist inspection of the subject premises Premises for the occupancy or potential occupancy of the lessee or tenantTenant, if requested by the lessee or tenantXxxxxx. The parties Landlord and Xxxxxx shall mutually agree on the arrangements for the time and manner of the CASp Certified Access Specialist inspection, the payment of the fee for the CASp Certified Access Specialist inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premisesPremises." In furtherance of the foregoing, Landlord and Tenant hereby agree that, in the event Tenant desires, in its sole discretion, to have the 6350 Expansion Premises undergo a CASp inspection, such, CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp designated by Tenant, and reasonably approved by Landlord, subject to Landlord's reasonable rules and requirements.

Certified Access Specialist Inspection. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 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." ” In furtherance of the foregoing, Landlord and Tenant hereby agree that, in the event Tenant desires, in its sole discretion, to have the 6350 Expansion Premises undergo a CASp inspection, such, CASp inspection requested by Tenant shall be conducted, at Tenant's ’s sole cost and expense, by a CASp designated by Tenant, and reasonably approved by Landlord, subject to Landlord's ’s reasonable rules and requirements.

Certified Access Specialist Inspection. For purposes of Section 1938 of the In accordance with California Civil CodeCode Section 1938, Landlord hereby discloses to Tenantinforms Tenant that as of the Effective Date of this Amendment, the Premises and Tenant hereby acknowledges, that the 6350 Expansion Premises Building have not undergone inspection been inspected by a Certified Access Specialist (as defined in California Civil Code section 55.52(3)) ("CASp''). As required by Civil Code Section 1938(e) of the California Civil Code, Landlord hereby states as followsprovides: "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." In furtherance of the foregoingAccordingly, Landlord and Tenant hereby mutually agree that, in the event that if Tenant desires, in its sole discretion, desires to have the 6350 Expansion Premises undergo obtain a CASp inspection, such, (i) the CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, (ii) the inspection shall be performed by a CASp designated by Tenant, that is then currently certified in California and has been reasonably approved by Landlord, subject (iii) the CASp inspection shall take place during regular business hours with at least five (5) business day's prior written notice to LandlordLandlord and shall not materially disrupt any of the other tenants at the Building, (iv) Tenant shall promptly provide Landlord with a copy of the final report prepared in connection with the CASp inspection (the "CASp Report''), and (v) Tenant shall be solely responsible for promptly making any repair or modifications necessary to correct violations of construction-related accessibility standards that are noted in the CASp Report and shall defend with competent counsel, indemnify and hold Landlord harmless from any claims, damages or liability resulting from Tenant's reasonable rules failure to promptly make such repairs. Tenant hereby acknowledges and requirementsagrees that the CASp Report is to be kept strictly confidential, except as necessary for Tenant to complete repairs and correct violations of construction-related accessibility standards as noted in the CASp Report. Accordingly, except as provided above or as may be required by law or court order, Tenant shall not release, publish or otherwise distribute (and shall not authorize or permit any other person or entity to release, publish or otherwise distribute) any information contained in the CASp Report. Tenant's obligations hereunder shall survive the expiration or sooner termination of the Lease.

Certified Access Specialist Inspection. For purposes of Section 1938 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises have has not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 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 of tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." ” In furtherance of the foregoing, Landlord and Tenant hereby agree that, in the event Tenant desires, in its sole discretion, to have the 6350 Expansion Premises undergo a CASp inspection, such, as follows: (a) any CASp inspection requested by Tenant shall be conducted, at Tenant's ’s sole cost and expense, by a CASp designated by Tenant, and reasonably approved by Landlord, subject to Landlord's ’s reasonable rules and requirements; (b) Tenant, at its sole cost and expense, shall be responsible for making any improvements or repairs within the Premises to correct violations of construction-related accessibility standards that are identified in a CASp inspection requested by Tenant; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall require any improvements or repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as additional Rent, for the cost to Landlord of performing such improvements or repairs.

Certified Access Specialist Inspection. For purposes of Section 1938 of the In accordance with California Civil CodeCode Section 1938, Landlord hereby discloses to Tenantinforms Tenant that as of the Effective Date of this Fourth Amendment, and Tenant hereby acknowledges, that the 6350 Expansion Premises have not undergone inspection been inspected by a Certified Access Specialist (as defined in California Civil Code section 55.52(3)) (“CASp”). As required by Civil Code Section 1938(e) of the California Civil Code, Landlord hereby states as followsprovides: "“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." In furtherance of the foregoing” Accordingly, Landlord and Tenant hereby mutually agree that, in the event that if Tenant desires, in its sole discretion, desires to have the 6350 Expansion Premises undergo obtain a CASp inspection, such, (i) the CASp inspection requested by Tenant shall be conducted, at Tenant's ’s sole cost and expense, (ii) the inspection shall be performed by a CASp designated by Tenant, that is currently certified in California and has been reasonably approved by Landlord, subject (iii) the CASp inspection shall take place during regular business hours with at least five (5) business day’s prior written notice to Landlord's reasonable rules Landlord and requirementsshall not materially disrupt any of the other tenants within the Building, (iv) Tenant shall promptly provide Landlord with a copy of the final report prepared in connection with the CASp inspection (the “CASp Report”), and (v) Tenant shall be solely responsible for promptly making any repair or modifications necessary to correct violations of construction-related accessibility standards that are noted in the CASp Report and shall defend with competent counsel, indemnify and hold Landlord harmless from any claims, damages or liability resulting from Tenant’s failure to promptly make such repairs. Tenant hereby acknowledges and agrees that the CASp Report is to be kept strictly confidential, except as necessary for Tenant to complete repairs and correct violations of construction-related accessibility standards as noted in the CASp Report. Accordingly, except as provided above or as may be required by law or court order, Tenant shall not release, publish or otherwise distribute (and shall not authorize or permit any other person or entity to release, publish or otherwise distribute) any information contained in the CASp Report. Tenant’s obligations hereunder shall survive the expiration or sooner termination of the Lease.