Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that 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 Building necessary to correct any such violations of construction-related accessibility 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 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: FireEye, Inc., FireEye, Inc.
Pursuant to California Civil. Code Section 1938, Landlord Sub-Sublandlord hereby notifies Tenant discloses, and Sub-Subtenant hereby acknowledges, that as of the date of this Amendment, the Subleased Premises have not undergone inspection been inspected by a “Certified Access Specialist” Specialist (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53). Landlord hereby discloses pursuant to California Civil Code Section 1938 as followsalso requires that this Sublease contain the following statement: “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.” Landlord and Tenant hereby acknowledge and agree that in In accordance with the event that Tenant elects foregoing, Sub-Subtenant, upon at least thirty (30) days’ prior written notice to perform Sub-Sublandlord, shall have the right to require 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 Building necessary to correct any such violations of constructionSubleased Premises. If Sub-related accessibility 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 of this Section 2.3 shall only apply in the event Tenant exercises its right to perform Subtenant requires a CASp inspection of the Subleased Premises. Otherwise, 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 solely responsible to pay the 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 terms cost of making any repairs to correct violations of the Lease shall apply, without limitation, construction related accessibility standards within or relating to the complianceSubleased Premises, repairs and maintenance obligations of if such payment obligation is owed by Sub-Sublandlord as tenant under the partiesSublease.
Appears in 2 contracts
Samples: Basic Sub Sublease Terms (Pubmatic, Inc.), Basic Sub Sublease Terms (Pubmatic, Inc.)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense 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 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by LawRequirements, which repairs, upgrades, alterations and/or modifications Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent additional rent within ten thirty (1030) days following Landlord’s demand. The terms of this Section 2.3 10.8 with 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 shall applyLease, without limitationas amended hereby, with respect to the compliance, repairs and maintenance obligations of the parties.parties shall apply. {2119-01688/00771566;8}
Appears in 1 contract
Samples: Third Amendment (Stitch Fix, Inc.)
Pursuant to California Civil. Code Section 1938, Landlord Tenant is hereby notifies Tenant that notified that, as of the date of this Amendmenthereof, the Premises have Project has not undergone an inspection by a “"Certified Access Specialist” (“CASp”) " and except to determine whether the extent expressly set forth in the Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises meet all applicable construction-related or the Project in order to comply with accessibility standards under California Civil Code Section 55.53standards. Landlord The following disclosure is hereby discloses made pursuant to applicable California Civil Code Section 1938 as followslaw: “"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 and outside the premises.” Landlord and Tenant hereby acknowledge and agree that Premises noted in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at paid by 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 Building necessary to correct any such violations of construction-related accessibility 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 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 1 contract
Samples: Lease (Nevro Corp)
Pursuant to California Civil. Code Section 1938, Landlord Tenant is hereby notifies Tenant that notified that, as of the date of this Amendmenthereof, the Premises have Project has not undergone an inspection by a “"Certified Access Specialist” (“CASp”) " and except to determine whether the extent expressly set forth in the Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises meet all applicable construction-related or the Project in order to comply with accessibility standards under California Civil Code Section 55.53standards. Landlord The following disclosure is hereby discloses made pursuant to applicable California Civil Code Section 1938 as followslaw: “"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 and outside the premises.” Landlord and Tenant hereby acknowledge and agree that Premises noted in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at paid by 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 Building necessary to correct any such violations of construction-related accessibility 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 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 1 contract
Samples: Lease (Nevro Corp)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by Lawlaw, which repairs, upgrades, alterations and/or modifications Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional 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 1 contract
Samples: First Amendment (Sphere 3D Corp)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this AmendmentLease, the Premises have has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by Law, which repairs, upgrades, alterations and/or modifications Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent 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 1 contract
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense 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 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by LawRequirements, which repairs, upgrades, alterations and/or modifications Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent additional rent within ten thirty (1030) days following Landlord’s demand. The terms of this Section 2.3 8.8 with 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 shall applyLease, without limitationas amended hereby, with respect to the compliance, repairs and maintenance obligations of the partiesparties shall apply.
Appears in 1 contract
Samples: Fourth Amendment (Stitch Fix, Inc.)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that 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 Building necessary to correct any such violations of construction-related accessibility 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 additional rent within ten (10) days following Landlord’s demand. The terms and conditions of this Section 2.3 10.6 shall apply only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwiseconducts an Inspection; otherwise, the terms and conditions of the Lease Lease, as amended, shall apply, without limitation, govern with respect to the compliance, repairs each of Landlord’s and maintenance obligations of the partiesTenant’s liability for compliance with applicable Laws.
Appears in 1 contract
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by LawRequirements, which repairs, upgrades, alterations and/or modifications Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as Additional Rent additional rent within ten (10) days following Landlord’s demand. The terms of this Section 2.3 2.7 with 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 shall applyLease, without limitationas amended hereby, with respect to the compliance, repairs and maintenance obligations of the partiesparties shall apply.
Appears in 1 contract
Samples: Second Amendment (Stitch Fix, Inc.)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this AmendmentLease, the Premises have has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant a party elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at Tenantthat party’s sole cost and expense and Tenant the party obtaining the inspection shall be solely responsible for the cost of any repairs, upgrades, alterations and/or modifications to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection as required by Lawapplicable laws, which repairs, upgrades, alterations and/or modifications may, at Landlord’s optionoption following any inspection obtained by Tenant, be performed by Landlord at Tenant’s expense, payable as Additional Rent 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 responsibility to make any repairs or modifications to the Premises in order to comply with accessibility standards shall be governed by the terms of the Lease shall applyLease. Notwithstanding the foregoing, without limitation, this paragraph does not excuse the Landlord from its duty to ensure that the compliance, repairs Landlord Improvements are constructed in compliance with the Americans With Disabilities Act and maintenance obligations of the partiesother applicable accessibility standards.
Appears in 1 contract
Samples: Lease
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this AmendmentLease, the Premises have has not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Tenant-requested Inspection as required by LawLaws, which repairs, upgrades, alterations and/or modifications 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 2.3 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 1 contract
Pursuant to California Civil. Code Section 1938, Landlord Tenant is hereby notifies Tenant that notified that, as of the date of this Amendmenthereof, the Premises 1600 Bridge Building and the 1800 Bridge Building have not undergone an inspection by a “"Certified Access Specialist” (“CASp”) to determine whether " and Landlord states the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil Code Section 1938 as followsfollowing: “"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 hereby acknowledge and agree that 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 makes no representations as to the Premises or the Building necessary to correct any such violations of construction-related accessibility 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 of this Section 2.3 shall only apply in the event Tenant exercises its right to perform a CASp inspection compliance of the Premises. Otherwise, the terms 1600 Bridge Building or the 1800 Bridge Building with accessibility standards. 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 Lease shall apply, without limitation, Americans with Disabilities Act at any time during the Term (including any extension thereof) except for any compliance work required with reference to the complianceparticular use of Tenant (other than general office use), repairs and maintenance obligations 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 partiesExpansion Space Improvements).
Appears in 1 contract
Samples: Lease (Nevro Corp)
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that 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 Building necessary to correct any such violations of construction-related accessibility 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 additional rent within ten (10) days following Landlord’s demand. The terms and conditions of this Section 2.3 2.6 shall apply only apply in the event Tenant exercises its right to perform a CASp inspection of the Premises. Otherwiseconducts an Inspection; otherwise, the terms and conditions of the Lease Lease, as amended, shall apply, without limitation, govern with respect to the compliance, repairs each of Landlord’s and maintenance obligations Tenant’s liability for compliance with applicable Laws. 2.7 The terms of Section 10.8 of the parties.First Amendment shall remain in effect. [SIGNATURES ARE ON FOLLOWING PAGE] DocuSign Envelope ID: DD60F3B6-5B75-4F25-A7DF-0B111C0E9F7B
Appears in 1 contract
Samples: ALPHA & OMEGA SEMICONDUCTOR LTD
Pursuant to California Civil. Code Section 1938, Landlord hereby notifies Tenant that as of the date of this Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil 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 hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunderhereunder (the “Inspection”), such CASp inspection Inspection shall be (a) performed at Tenant’s sole cost and expense expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord 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 any repairs, upgrades, alterations and/or modifications Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection Inspection as required by Law, which repairs, upgrades, alterations and/or modifications 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 2.3 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 1 contract
Samples: Lease (Sientra, Inc.)