Common use of Handicapped Access Clause in Contracts

Handicapped Access. (a) Borrower agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "Access Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer or other person acceptable to Lender. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) 10.13.1 Borrower agrees that the Mortgaged Property Properties shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "Access Laws"). (b) 10.13.2 Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged PropertyProperties, Borrower shall not alter the Mortgaged Property Properties in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) 10.13.3 Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "“Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants, but shall not apply to the PIP Repairs. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any written complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "“Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any written complaints related to violation of any Access Laws by any Governmental Authority and of the commencement of any proceedings or investigations which relate to the Property’s compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "“Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any written complaints received related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) a. Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all federal, state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, the "Access Laws"). (b) b. Notwithstanding any provisions anything to the contrary set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged PropertyLoan Document, Borrower shall not alter or cause or permit to be altered the Mortgaged Property in any manner which would increase Borrower's responsibilities for compliance with the applicable any Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenantsTenant. Lender may condition any such approval upon receipt of a certificate of compliance with the Access Law compliance Laws from an architect, engineer engineer, or other person Person acceptable to Lender. (c) c. Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable any Access Laws.

Handicapped Access. (a) Borrower Grantor agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans American with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "Access Laws").. ----------- (b) Notwithstanding any provisions set forth herein or in any other document documents regarding LenderBeneficiary's approval of alterations of the Mortgaged Property, Borrower Grantor shall not alter the Mortgaged Property in any manner which would increase BorrowerGrantor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderBeneficiary. The foregoing shall apply to tenant improvements constructed by Borrower Grantor or by any of its tenants. Lender Beneficiary may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to LenderBeneficiary. (c) Borrower Grantor agrees to give prompt notice to Lender Beneficiary of the receipt by Borrower Grantor of any complaints related to violation violations of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Mortgaged Security Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "collectively “Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Security Property, Borrower shall not alter the Mortgaged Security Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that all of the Mortgaged Property Properties shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "Access Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of any of the Mortgaged PropertyProperties, Borrower shall not alter the Mortgaged any Property in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer or other person acceptable to Lender. (c) Borrower agrees to give prompt written notice to Lender of the receipt by Borrower of any written complaints or notices issued by any governmental agency, department or instrumentality having jurisdiction over the applicable Property related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Mortgaged Security Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, collectively "Access Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged Security Property, Borrower shall not alter the Mortgaged Security Property in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 54 Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Mortgaged Property shall at all times strictly comply to the extent in all material respects with applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "Access Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to LenderLender of compliance with Access Laws. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "“Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would materially increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all federal, state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "the “Access Laws"”). (b) Notwithstanding any provisions anything to the contrary set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged PropertyLoan Document, Borrower shall not alter or cause or permit to be altered the Mortgaged Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable any Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenantsTenant. Lender may condition any such approval upon receipt of a certificate of compliance with the Access Law compliance Laws from an architect, engineer engineer, or other person Person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to notice of material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable any Access Laws.

Handicapped Access. (a) Borrower agrees that the Mortgaged Security Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "collectively “Access Laws"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the Mortgaged Security Property, Borrower shall not alter the Mortgaged Security Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to Lender. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.. AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 52 43412-20/Continental Towers

Handicapped Access. (a) Borrower covenants and agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all federal, state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, "the “Access Laws"”). (b) Notwithstanding any provisions anything to the contrary set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged PropertyLoan Document, Borrower shall not alter or cause or permit to be altered the Mortgaged Property in any manner which would increase Borrower's ’s responsibilities for compliance with the applicable any Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenantsTenant. Lender may condition any such approval upon receipt of a certificate of compliance with the Access Law compliance Laws from an architect, engineer engineer, or other person Person acceptable to Lender. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any written complaints related to the violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable any Access Laws.

Handicapped Access. (a) Borrower agrees that the Mortgaged Property shall at ------------------- all times strictly comply to the extent in all material respects with applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, collectively "Access Laws").. ------------ (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person acceptable to LenderLender of compliance with Access Laws. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.