Energy Disclosure. Tenant acknowledges that, pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively, together with any future law or regulation regarding disclosure of energy efficiency data with respect to the Project, “Energy Disclosure Requirements”), Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (“Tenant Energy Use Disclosure”). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following request from Landlord, disclose to Landlord all information requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect to the Energy Disclosure Requirements), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that Landlord and its agents shall not be liable for, and Tenant hereby releases Landlord and its agents from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this Section 11.8 shall be, to the best of Tenant's knowledge, true and correct in all material respects, Tenant acknowledges that Landlord shall rely on such information. The terms of this Section 11.8 shall survive the expiration or earlier termination of this Lease.
Energy Disclosure. When fully implemented, California Code of Regulations, Title 20, Section 1680 et seq. requires owners of non-residential buildings to provide EPA Energy Benchmark Reports when a building is sold, refinanced or leased in full. Tenant hereby gives its consent for the utility or utilities providing service to the Premises to disclose such information to Landlord and shall, within thirty (30) days after written request from Landlord, provide Tenant’s electric usage information and data to Landlord or such further written consent for the utility or utilities providing service to Tenant to disclose such information to Landlord as may be required by the utilities, and shall reasonably assist with Landlord’s compliance with those code sections or any similar, related or successor provision of Law.
Energy Disclosure. With respect to those buildings located on the Properties containing more than ten thousand (10,000) square feet of space, pursuant to Public Resources Code §25402.10, at least thirty (30) days prior to the Closing, Sellers shall open an account in the Environmental Protection Agency’s ENERGY STAR® Portfolio Manager. After the utilities have uploaded data to the Sellers’ Portfolio Manager account, the Sellers shall visit the Commission’s compliance website to access and complete a Compliance Verification Report. The Sellers shall download the Disclosure Summary Sheet from the Commission’s website and use the Portfolio Manager to generate the required disclosure forms, including the Statement of Energy Performance, Data Checklist and Facility Summary. Sellers shall disclose to the Buyer, as soon as it is available, and no later than three (3) business days prior to the expiration of Buyer’s Due Diligence Period, pursuant to Section 5 above, the Commission’s Disclosure Summary Sheet, Statement of Energy Performance, Data Checklist and Facility Summary. If Sellers do not have all of the required information, Sellers may reasonably approximate the missing information based on the best information available to Sellers as long as they have used reasonable efforts to locate the missing information and, the information is not available.
Energy Disclosure. Tenant, at no additional cost or charge to Tenant, shall reasonably cooperate with Landlord in furnishing any information that may be required in connection with Landlord’s obligations to furnish energy disclosures as may be required under applicable law, including, without limitation, providing any information that may be required in order to enroll in the US Environmental Protection Agency’s Energy Star Portfolio Manager.
Energy Disclosure. Tenant agrees to cooperate with Landlord’s energy consumption disclosure requirements under California’s Nonresidential Building Energy Use Disclosure Program and with the requirements under any other existing or future mandatory or voluntary energy conservation or sustainability programs applicable to the Building, including without limitation those of the U.S. Green Building Council’s LEED rating system, or which may be imposed on Landlord by law or by any insurance carrier, including without limitation any controls on the permitted range of temperature settings in office buildings or requirement necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict with or interfere with compliance by Landlord with such control or requirements shall be suspended for the duration of such controls or requirements. It is further agreed that compliance with such controls or requirements shall not constitute an eviction, actual or constructive, of Tenant from the Premises and shall not entitle Tenant to terminate this Lease or to an abatement or reduction of any Rent payable hereunder. Tenant shall promptly and in no event later than within five (5) Business Days after receipt of Landlord’s written request therefor, provide any and all written consents to utility companies providing services to the Building required to authorize such utility companies to release energy usage data for the Premises to the EPA’s ENERGY STAR® program Portfolio Manager website for use by the Landlord, or to such other sites or parties as required for the Landlord’s compliance with the applicable program.
Energy Disclosure. If at any time during the Term, the Building is not a “covered building” as defined in California Public Resources Code Section 25402.10 and the regulations to be adopted pursuant thereto, and if at such time Tenant is permitted to contract directly for the provision of electricity, gas and/or water services to the Premises with the third-party provider thereof (all in Landlord’s sole and absolute discretion), Tenant shall promptly, but in no event more than ten (10) Business Days following its receipt of each and every invoice for such items from the applicable provider, provide Landlord with a copy of each such invoice. Tenant acknowledges that pursuant to California Public Resources Code Section 25402.10 and the regulations to be adopted pursuant thereto (collectively the “Energy Disclosure Requirements”), Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Further, Tenant hereby releases Landlord from any and all losses, costs, damages, expenses and liabilities relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. The terms of this Section 26.22 shall survive the expiration or earlier termination of this Lease. Landlord and Tenant have executed this Lease as of the Effective Date. CA-MISSION STREET LIMITED PARTNERSHIP, a Delaware limited partnership By: NAPI REIT TRS, INC., a Maryland corporation Its: General Partner By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Secretary & Treasurer JAGUAR HEALTH, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Its: Chief Executive Officer
Energy Disclosure. Each of Buying Parties acknowledges that the Selling Parties may be required to disclose certain information concerning the energy performance of the Acquired Real Property pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively the “Energy Disclosure Requirements”). Each of the Buying Parties hereby acknowledges receipt of the Energy Star® Data Verification Checklist, as defined in the Energy Disclosure Requirements (the “Energy Disclosure Information”). The execution of this Agreement by each of the Buying Parties shall be deemed to be approval by each of the Buying Parties of the Energy Disclosure Information and the energy performance of the Acquired Real Property. The Energy Disclosure Information fully and completely discharges the Selling Parties, and each of them, from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of California Civil Code Section 1103.4 regarding non-liability of the Selling Parties for errors or omissions not within its personal knowledge shall be deemed to apply. None of the Selling Parties makes any representation or warranty regarding the energy performance of the Acquired Real Property or the accuracy of the Energy Star® ratings given to the Acquired Real Property.
Energy Disclosure. Xxxxxx agrees to reasonably cooperate, at Landlord’s cost and expense, with Landlord to the extent necessary to comply with California Public Resources Code Section 25402.10 including, without limitation, providing or consenting to any utility company providing Tenant’s energy consumption information for the Leased Premises to Landlord.
Energy Disclosure. Purchaser hereby acknowledges that Seller has complied with California Public Resource Code § 25402.10 and the disclosure regulations issued in connection therewith (e.g., California Code of Regulations, Title 20, Sections 1680 – 1684) by, among other things, delivering to Purchaser the Data Verification Checklist (as such term is defined in California Code of Regulations, Title 20, Section 1681) for the Property prior to the date hereof. By Purchaser's execution of this Agreement, Purchaser acknowledges Purchaser's receipt of the Data Verification Checklist.
Energy Disclosure. If Tenant is permitted to contract directly for the provision of electricity, gas or water services to the Premises with the third-party provider, then Tenant shall, within five (5) business days following its receipt of written request from Landlord, provide Landlord with a copy of each requested invoice from the applicable utility provider. Tenant acknowledges that pursuant to California law (the “Energy Disclosure Requirements”), Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including prospective purchasers, lenders and tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant hereby (A) consents to all such Tenant Energy Use Disclosures and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Further, Tenant hereby releases Landlord from any and all losses, costs, damages, expenses and liabilities relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. The terms of this Section 22.27 shall survive the expiration or earlier termination of this Lease.
