Common use of Pursuant to California Civil Clause in Contracts

Pursuant to California Civil. Code Section 1938, Tenant is hereby notified that, as of the date hereof, the Project has not undergone an inspection by a “Certified Access Specialist” and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law: “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.” Tenant acknowledges that Landlord has made no representation regarding compliance of the Premises or the Project with accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

AutoNDA by SimpleDocs

Pursuant to California Civil. Code Section 1938, Tenant is Sub-Sublandlord hereby notified thatdiscloses, as of and Sub-Subtenant hereby acknowledges, that the date hereof, the Project has Subleased Premises have not undergone an inspection been inspected by a Certified Access Specialist” and except to Specialist (“CASp”). California Civil Code Section 1938 also requires that this Sublease contain the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California lawstatement: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-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-the construction related accessibility standards within the premises.” Tenant acknowledges that Landlord has made no representation regarding compliance In accordance with the foregoing, Sub-Subtenant, upon at least thirty (30) days’ prior written notice to Sub-Sublandlord, shall have the right to require a CASp inspection of the Premises or the Project with accessibility standardsSubleased Premises. Any If Sub-Subtenant requires a CASp inspection of the Subleased Premises, then: (i) Sub-Sublandlord and Sub-Subtenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Sub-Subtenant shall be conducted in compliance with reasonable rules in effect at solely responsible to pay the Building with regard cost of the CASp inspection as and when required by the CASp; and (iii) Sub-Subtenant shall pay to Sub-Sublandlord, as and when required by Sub-Sublandlord, the cost of making any repairs to correct violations of the construction related accessibility standards within or relating to the Subleased Premises, if such inspections and shall be subject to Landlord’s prior written consentpayment obligation is owed by Sub-Sublandlord as tenant under the Sublease.

Appears in 2 contracts

Samples: Sub Sublease Agreement (Pubmatic, Inc.), Sub Sublease Agreement (Pubmatic, Inc.)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that Landlord has made no representation regarding compliance in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at Tenant’s sole cost and expense and Tenant shall be solely responsible for the cost of any repairs, upgrades, alterations and/or modifications to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any standards identified by such CASp inspection shall be conducted in compliance with reasonable rules in effect as required by Law, which repairs, upgrades, alterations and/or modifications may, at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentoption, be performed by Landlord at Tenant’s expense, payable as Additional Rent within ten (10) days following Landlord’s demand. The terms of this Section 2.3 shall only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwise, the terms of the Lease shall apply, without limitation, to the compliance, repairs and maintenance obligations of the parties.

Appears in 2 contracts

Samples: Lease Amendment (FireEye, Inc.), Lease Amendment (FireEye, Inc.)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that Landlord has made no representation regarding compliance in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord prior to the Project with accessibility standardsInspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspection inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by law, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal law, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable laws or accessibility requirements (the “Access Improvements”). Tenant shall be conducted in compliance with reasonable rules in effect solely responsible for the cost of Access Improvements to the Premises necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by law, which Access Improvements may, at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentoption, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional Rent within ten (10) days following Landlord’s demand.

Appears in 1 contract

Samples: Office Lease (Sphere 3D Corp)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises (as then defined under the Lease, as amended hereby) and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Requirements, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Requirements, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Requirements or accessibility requirements (the “Access Improvements”). In the event Tenant elects to perform an Inspection (it being agreed that if Tenant does not elect to perform an Inspection, the terms and conditions of this Lease shall control with respect to Landlord’s and Tenant’s respective maintenance and repair obligations), Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project Building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Requirements, which Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional rent within thirty (30) days following Landlord’s demand. The terms of this Section 8.8 with accessibility standards. Any respect to CASp inspections shall only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwise, the terms of the Lease, as amended hereby, with respect to compliance, repairs and maintenance obligations of the parties shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentapply.

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine {2130-00573/00843687;4} 4 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Law, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Law, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Laws or accessibility requirements (the “Access Improvements”). Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect standards identified by such Inspection as required by Law, which Access Improvements may, at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentoption, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent within ten (10) days following Landlord’s demand.

Appears in 1 contract

Samples: Lease (Sientra, Inc.)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises (as then defined under the Lease, as amended hereby) and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Requirements, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Requirements, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Requirements or accessibility requirements (the “Access Improvements”). In the event Tenant elects to perform an Inspection (it being agreed that if Tenant does not elect to perform an Inspection, the terms and conditions of this Lease shall control with respect to Landlord’s and Tenant’s respective maintenance and repair obligations), Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project Building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Requirements, which Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional rent within thirty (30) days following Landlord’s demand. The terms of this Section 10.8 with accessibility standards. Any respect to CASp inspections shall only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwise, the terms of the Lease, as amended hereby, with respect to compliance, repairs and maintenance obligations of the parties shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consent.apply. {2119-01688/00771566;8}

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

Pursuant to California Civil. Code Section 1938, Tenant is hereby notified that, as of the date hereof, the Project has not undergone an inspection by a "Certified Access Specialist" and except to the extent expressly set forth in this the Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law: "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 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." TENANT ACKNOWLEDGES THAT LANDLORD HAS MADE NO REPRESENTATION REGARDING COMPLIANCE OF THE PREMISES OR THE PROJECT WITH ACCESSIBILITY STANDARDS. ANY CASP INSPECTION SHALL BE CONDUCTED IN COMPLIANCE WITH REASONABLE RULES IN EFFECT AT THE BUILDING WITH REGARD TO SUCH INSPECTIONS AND SHALL BE SUBJECT TO LANDLORD'S PRIOR WRITTEN CONSENT. Notwithstanding anything contained herein or in the Original Lease to the contrary, Tenant shall not be responsible for compliance with the path of travel provisions of the subject premisesAmericans with Disabilities Act at any time during the Term (including any extension thereof) except for any compliance work required with reference to the particular use of Tenant (other than general office use), the commercial property owner acts or lessor may not prohibit omissions of Tenant or any of Tenant's agents, employees, contractors, sublessees or invitees, or any alterations, additions or improvements performed by or on behalf of Tenant (other than the lessee Expansion Space Improvements (as defined in the First Amendment)). Notwithstanding anything contained herein or tenant from obtaining in the Original Lease to the contrary, including without limitation the preceding sentence, Landlord and Tenant hereby mutually agree that in the event a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if is requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspectionTenant, 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.” Tenant acknowledges that Landlord has made no representation regarding compliance of and outside the Premises or noted in the Project with accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentpaid by Tenant.

Appears in 1 contract

Samples: Lease Amendment (Nevro Corp)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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-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.” Landlord and Tenant acknowledges hereby acknowledge and agree that Landlord has made no representation regarding compliance in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at Tenant’s sole cost and expense and Tenant shall be solely responsible for the cost of any repairs, upgrades, alterations and/or modifications to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any standards identified by such CASp inspection as required by Law, which repairs, upgrades, alterations and/or modifications may, at Landlord’s option, be performed by Landlord at Tenant’s expense, payable as additional rent within ten (10) days following Landlord’s demand. The terms and conditions of this Section 10.6 shall be conducted apply only in the event Tenant conducts an Inspection; otherwise, the terms and conditions of the Lease, as amended, shall govern with respect to each of Landlord’s and Tenant’s liability for compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentapplicable Laws.

Appears in 1 contract

Samples: Lease Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Requirements, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Requirements, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Requirements or accessibility requirements (the “Access Improvements”). Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project Building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Requirements, which Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional rent within ten (10) days following Landlord’s demand. The terms of this Section 2.7 with accessibility standards. Any respect to CASp inspections shall only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwise, the terms of the Lease, as amended hereby, with respect to compliance, repairs and maintenance obligations of the parties shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentapply.

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

AutoNDA by SimpleDocs

Pursuant to California Civil. Code Section 1938, Tenant is hereby notified that, as of the date hereof, the Project has not undergone an inspection by a "Certified Access Specialist" and except to the extent expressly set forth in this the Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law: "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 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." TENANT ACKNOWLEDGES THAT LANDLORD HAS MADE NO REPRESENTATION REGARDING COMPLIANCE OF THE PREMISES OR THE PROJECT WITH ACCESSIBILITY STANDARDS. ANY CASP INSPECTION SHALL BE CONDUCTED IN COMPLIANCE WITH REASONABLE RULES IN EFFECT AT THE BUILDING WITH REGARD TO SUCH INSPECTIONS AND SHALL BE SUBJECT TO Landlord's prior written consent. Notwithstanding anything contained herein or in the Original Lease to the contrary, Tenant shall not be responsible for compliance with the path of travel provisions of the subject premisesAmericans with Disabilities Act at any time during the Term (including any extension thereof) except for any compliance work required with reference to the particular use of Tenant (other than general office use), the commercial property owner acts or lessor may not prohibit omissions of Tenant or any of Tenant's agents, employees, contractors, sublessees or invitees, or any alterations, additions or improvements performed by or on behalf of Tenant (other than the lessee Expansion Space Improvements (as defined in the First Amendment)). Notwithstanding anything contained herein or tenant from obtaining in the Original Lease to the contrary, including without limitation the preceding sentence, Landlord and Tenant hereby mutually agree that in the event a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if is requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspectionTenant, 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.” Tenant acknowledges that Landlord has made no representation regarding compliance of and outside the Premises or noted in the Project with accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentpaid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Nevro Corp)

Pursuant to California Civil. Code Section 1938, Tenant is hereby notified that, as of the date hereof, the Project has 1600 Bridge Building and the 1800 Bridge Building have not undergone an inspection by a "Certified Access Specialist" and except to Landlord states the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California lawfollowing: "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.” Tenant acknowledges that " Landlord has made makes no representation regarding representations as to the compliance of the Premises Premises, the 1600 Bridge Building or the Project 1800 Bridge Building with accessibility standards. Any CASp inspection Notwithstanding anything contained herein or in the Original Lease to the contrary, Tenant shall not be conducted in responsible for compliance with reasonable rules in effect the path of travel provisions of the Americans with Disabilities Act at any time during the Building Term (including any extension thereof) except for any compliance work required with regard reference to such inspections and shall be subject to Landlord’s prior written consentthe particular use of Tenant (other than general office use), the acts or omissions of Tenant or any of Tenant's agents, employees, contractors, sublessees or invitees, or any alterations, additions or improvements performed by or on behalf of Tenant (other than the Expansion Space Improvements).

Appears in 1 contract

Samples: Lease Amendment (Nevro Corp)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Lease, the Project Premises has not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities of other tenants, if any, in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Laws, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Laws, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Laws or accessibility requirements (the “Access Improvements”). Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect standards identified by such Tenant-requested Inspection as required by Laws, which Access Improvements may, at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentoption, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent within ten (10) days following Landlord’s demand.

Appears in 1 contract

Samples: Lease Agreement (Vivani Medical, Inc.)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Lease, the Project Premises has not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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.” Landlord and Tenant acknowledges hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord has made no representation regarding compliance prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities in the Building, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), and (ii) keep the information contained in the Report confidential, except to the extent required by Law, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Law, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Laws or accessibility requirements (the “Access Improvements”). If Tenant performs an Inspection, Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any CASp inspection shall be conducted in compliance with reasonable rules in effect standards identified by such Inspection as required by Law, which Access Improvements may, at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentoption, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional rent within ten (10) days following Landlord’s demand.

Appears in 1 contract

Samples: Lease Agreement (Genomic Health Inc)

Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant is hereby notified that, that as of the date hereofof this Amendment, the Project has Premises have not undergone an inspection by a “Certified Access Specialist” and except (“CASp”) to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to determine whether the Premises or the Project in order to comply with meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. The following disclosure is Landlord hereby made discloses pursuant to applicable California lawCivil Code Section 1938 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-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.” Landlord and Tenant acknowledges hereby acknowledge and agree that Landlord has made no representation regarding compliance in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at Tenant’s sole cost and expense and Tenant shall be solely responsible for the cost of any repairs, upgrades, alterations and/or modifications to the Premises or the Project with Building necessary to correct any such violations of construction-related accessibility standards. Any standards identified by such CASp inspection as required by Law, which repairs, upgrades, alterations and/or modifications may, at Landlord’s option, be performed by Landlord at Tenant’s expense, payable as additional rent within ten (10) days following Landlord’s demand. The terms and conditions of this Section 2.6 shall be conducted apply only in the event Tenant conducts an Inspection; otherwise, the terms and conditions of the Lease, as amended, shall govern with respect to each of Landlord’s and Tenant’s liability for compliance with reasonable rules in effect at the Building with regard to such inspections and shall be subject to Landlord’s prior written consentapplicable Laws.

Appears in 1 contract

Samples: Lease (ALPHA & OMEGA SEMICONDUCTOR LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!