Certified Access Specialist Inspection. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Expansion Premises 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 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 as follows: (a) any CASp inspection requested by Tenant shall be 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 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.
Appears in 1 contract
Samples: Lease (RingCentral Inc)
Certified Access Specialist Inspection. For purposes of Pursuant to Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Expansion Premises has 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 of 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 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 reasonable rules ; and requirements; (b) subject to the terms and conditions Article 7, Tenant, at its sole cost and expense, shall be responsible for making any improvements improvements, alterations, modifications or repairs within the Premises to correct violations of construction-related accessibility standards that are identified disclosed in a the 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 repairsinspection.
Appears in 1 contract
Samples: Purchase Agreement (Supervalu Inc)
Certified Access Specialist Inspection. For purposes of Section 1938(a) 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises has 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 of 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 as follows: (a) any 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; (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.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Certified Access Specialist Inspection. For purposes of Section 1938(a) 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the 6350 Expansion Premises has 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 of 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 as follows: (a) any 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; (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.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Certified Access Specialist Inspection. For purposes of Section 1938(a) 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 Expansion Premises has 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 of 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 as follows: that if Tenant desires to obtain a CASp inspection, (ai) any 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 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 Landlord’s reasonable rules Landlord and requirements; shall not materially disrupt any of the other tenants at the Building, (biv) TenantTenant shall promptly provide Landlord with a copy of the final report prepared in connection with the CASp inspection (the "CASp Report''), at its sole cost and expense, (v) Tenant shall be solely responsible for promptly making any improvements repair or repairs within the Premises modifications necessary to correct violations of construction-related accessibility standards that are identified noted in a the CASp inspection requested by 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 (c) if anything done by or agrees that the CASp Report is to be kept strictly confidential, except as necessary for Tenant in its use or occupancy of the Premises shall require any improvements or to complete repairs to the Building or Project (outside the Premises) to and correct violations of construction-related accessibility standardsstandards as noted in the CASp Report. Accordingly, then except as provided above or as may be required by law or court order, Tenant shall reimburse Landlord upon demandnot release, as additional Rentpublish or otherwise distribute (and shall not authorize or permit any other person or entity to release, for publish or otherwise distribute) any information contained in the cost to Landlord CASp Report. Tenant's obligations hereunder shall survive the expiration or sooner termination of performing such improvements or repairsthe Lease.
Appears in 1 contract
Samples: Sublease Agreement (Exagen Inc.)
Certified Access Specialist Inspection. For purposes of Section 1938(a) 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 Expansion Premises has 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 of 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 as follows: that if Tenant desires to obtain a CASp inspection, (ai) any 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 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 requirements; shall not materially disrupt any of the other tenants within the Building, (biv) TenantTenant shall promptly provide Landlord with a copy of the final report prepared in connection with the CASp inspection (the “CASp Report”), at its sole cost and expense, (v) Tenant shall be solely responsible for promptly making any improvements repair or repairs within the Premises modifications necessary to correct violations of construction-related accessibility standards that are identified noted in a the CASp inspection requested by 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 (c) if anything done by or agrees that the CASp Report is to be kept strictly confidential, except as necessary for Tenant in its use or occupancy of the Premises shall require any improvements or to complete repairs to the Building or Project (outside the Premises) to and correct violations of construction-related accessibility standardsstandards as noted in the CASp Report. Accordingly, then except as provided above or as may be required by law or court order, Tenant shall reimburse Landlord upon demandnot release, as additional Rentpublish or otherwise distribute (and shall not authorize or permit any other person or entity to release, for publish or otherwise distribute) any information contained in the cost to Landlord CASp Report. Tenant’s obligations hereunder shall survive the expiration or sooner termination of performing such improvements or repairsthe Lease.
Appears in 1 contract
Samples: Lease (GenMark Diagnostics, Inc.)