Common use of Accessibility Disclosure Clause in Contracts

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 of the California Civil Code, County hereby notifies Tenant that, as of the Effective Date, the Property has not been inspected by a Certified Access Specialist (as referred to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant 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.” If Tenant elects to have a Certified Access Specialist (“CASp”) inspect the Property, then Tenant shall: (a) provide County with prior written notice of such election and mutually agree with County on the arrangements for the time and manner of the CASp inspection, (b) promptly give County a copy of the resulting report (the “CASp Report”) upon receipt, (c) be responsible, at its sole cost and expense, for the cost of the CASp Report and for completing any repairs or modifications that are necessary to correct violations of construction-related accessibility standards noted in the CASp Report and any additional work necessitated thereby (all of which Tenant shall complete as expeditiously as possible following the issuance of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties under

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 As of the California Civil Code, County hereby notifies Tenant that, as date of the Effective Datethis Amendment, the Property Premises has not been inspected by a Certified Access Specialist (as referred “CASp”). Landlord hereby makes the following disclosure pursuant to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant as followsCode Section 1938: “A Certified Access Specialist (CASp) 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, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” If Landlord and Tenant elects to have hereby mutually agree that, if Tenant requests or otherwise obtains a Certified Access Specialist CASp inspection of the Premises or any other area(s) within the Real Property (“CASp”which Tenant must request or otherwise obtain, if at all, within thirty (30) inspect days of the Propertydate of this Amendment), then Tenant shall: (a) provide County Tenant shall utilize a CASp designated by Landlord; (b) Tenant’s contract with prior written notice the CASp shall require that the CASp’s inspection report be addressed to both Landlord and Tenant and expressly state that Landlord is a third-party beneficiary of such election and mutually agree with County on contract; (c) Tenant shall pay the arrangements for the time and manner cost of the CASp such inspection, (bd) promptly give County such inspection shall occur at a time mutually agreed upon by Landlord and Tenant and shall be conducted in a professional manner that does not in any way damage the Premises or Real Property, (e) Tenant shall provide Landlord with a copy of the CASp’s report resulting report from such inspection within ten (the “CASp Report”10) upon receiptdays of Tenant’s receipt thereof, (cf) be responsibleTenant shall keep the CASp’s inspection and all information in the CASp’s report confidential except as necessary to perform the necessary repairs or to comply with any disclosures required by law, and (g) Tenant shall, at its sole cost and expense, for the cost of the CASp Report and for completing any make all repairs or modifications that are necessary to correct violations of construction-construction related accessibility standards noted identified by such inspection, which repairs shall be completed in accordance with the CASp Report provisions of Article 8 of the Original Lease and any additional work necessitated thereby no later than one hundred twenty (all of which Tenant shall complete as expeditiously as possible 120) days following the issuance date of such CASp inspection; however, if any such repairs affect the structure of the CASp Report Premises, the Systems and in compliance with this Lease Equipment or the Common Areas, then such repairs will be made by Landlord and ▇▇▇▇▇▇ shall reimburse Landlord for the entire cost thereof within thirty (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d30) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections days following receipt of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underan invoice therefor.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 As of the California Civil Code, County hereby notifies Tenant that, as date of the Effective Datethis Amendment, the Property Premises has not been inspected by a Certified Access Specialist (as referred "CASp"). Landlord hereby makes the following disclosure pursuant to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant as followsCode Section 1938: “"A Certified Access Specialist (CASp) 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, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” If " Landlord and Tenant elects to have hereby mutually agree that, if Tenant requests or otherwise obtains a Certified Access Specialist CASp inspection of the Premises or any other area(s) within the Real Property (“CASp”which Tenant must request or otherwise obtain, if at all, within thirty (30) inspect days of the Propertydate of this Amendment), then Tenant shall: (a) provide County Tenant shall utilize a CASp designated by Landlord; (b) Tenant's contract with prior written notice the CASp shall require that the CASp's inspection report be addressed to both Landlord and Tenant and expressly state that Landlord is a third-party beneficiary of such election and mutually agree with County on contract; (c) Tenant shall pay the arrangements for the time and manner cost of the CASp such inspection, (bd) promptly give County such inspection shall occur at a time mutually agreed upon by Landlord and Tenant and shall be conducted in a professional manner that does not in any way damage the Premises or Real Property, (e) Tenant shall provide Landlord with a copy of the CASp's report resulting report from such inspection within ten (the “CASp Report”10) upon receiptdays of Tenant's receipt thereof, (cf) be responsibleTenant shall keep the CASp's inspection and all information in the CASp's report confidential except as necessary to perform the necessary repairs or to comply with any disclosures required by law, and (g) Tenant shall, at its sole cost and expense, for the cost of the CASp Report and for completing any make all repairs or modifications that are necessary to correct violations of construction-construction related accessibility standards noted identified by such inspection, which repairs shall be completed in accordance with the CASp Report provisions of Article 8 of the Original Lease and any additional work necessitated thereby no later than one hundred twenty (all of which Tenant shall complete as expeditiously as possible 120) days following the issuance date of such CASp inspection; however, if any such repairs affect the structure of the CASp Report Premises, the Systems and in compliance with this Lease Equipment or the Common Areas, then such repairs will be made by Landlord and ▇▇▇▇▇▇ shall reimburse Landlord for the entire cost thereof within thirty (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d30) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections days following receipt of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underan invoice therefor.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 As of the California Civil Code, County hereby notifies Tenant that, as date of the Effective Datethis Amendment, the Property has Existing Premises and the Expansion Space have not been inspected by a Certified Access Specialist (as referred “CASp”). Landlord hereby makes the following disclosure pursuant to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant as followsCode Section 1938: “A Certified Access Specialist (CASp) 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, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” If Landlord and Tenant elects to have hereby mutually agree that, if Tenant requests or otherwise obtains a Certified Access Specialist CASp inspection of the Premises or any other area(s) within the Real Property (“CASp”which Tenant must request or otherwise obtain, if at all, within thirty (30) inspect days of the Propertydate of this Amendment), then Tenant shall: (a) provide County Tenant shall utilize a CASp designated by Landlord; (b) Tenant’s contract with prior written notice the CASp shall require that the CASp’s inspection report be addressed to both Landlord and Tenant and expressly state that Landlord is a third-party beneficiary of such election and mutually agree with County on contract; (c) Tenant shall pay the arrangements for the time and manner cost of the CASp such inspection, (bd) promptly give County such inspection shall occur at a time mutually agreed upon by Landlord and Tenant and shall be conducted in a professional manner that does not in any way damage the Premises or Real Property, (e) Tenant shall provide Landlord with a copy of the CASp’s report resulting report from such inspection within ten (the “CASp Report”10) upon receiptdays of Tenant’s receipt thereof, (cf) be responsibleTenant shall keep the CASp’s inspection and all information in the CASp’s report confidential except as necessary to perform the necessary repairs or to comply with any disclosures required by law, and (g) Tenant shall, at its sole cost and expense, for the cost of the CASp Report and for completing any make all repairs or modifications that are necessary to correct violations of construction-construction related accessibility standards noted identified by such inspection, which repairs shall be completed in accordance with the provisions of Article 8 of the Lease and no later than one hundred twenty (120) days following the date of such CASp Report inspection; however, if any such repairs affect the structure of the Premises, the Systems and any additional work necessitated thereby (all of which Equipment or the Common Areas, then such repairs will be made by Landlord and Tenant shall complete as expeditiously as possible reimburse Landlord for the entire cost thereof within thirty (30) days following the issuance receipt of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underan invoice therefor.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 of the California Civil Code, County hereby notifies Tenant that, as of the Effective Date, the Property has not been inspected by a Certified Access Specialist (as referred to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant 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.” If Tenant elects to have a Certified Access Specialist (“CASp”) inspect the Property, then Tenant shall: (a) provide County with prior written notice of such election and mutually agree with County on the arrangements for the time and manner of the CASp inspection, (b) promptly give County a copy of the resulting report (the “CASp Report”) upon receipt, (c) be responsible, at its sole cost and expense, for the cost of the CASp Report and for completing any repairs or modifications that are necessary to correct 099578\11441513v7 20 violations of construction-related accessibility standards noted in the CASp Report and any additional work necessitated thereby (all of which Tenant shall complete as expeditiously as possible following the issuance of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underunder Section 8.5 above shall apply equally to Claims arising out of any CASp investigation initiated by Lessee, including as a result of any violations discovered thereby.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 of the California Civil Code, County hereby notifies Tenant Lessee that, as of the Effective Date, the Property has not been inspected by a Certified Access Specialist (as referred to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant Lessee 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.” follows:‌ If Tenant Lessee elects to have a Certified Access Specialist (“CASp”) inspect the Property, then Tenant Lessee shall: (a) provide County with prior written notice of such election and mutually agree with County on the arrangements for the time and manner of the CASp inspection, (b) promptly give County a copy of the resulting report (the “CASp Report”) upon receipt, (c) be responsible, at its sole cost and expense, for the cost of the CASp Report and for completing any repairs or modifications that are necessary to correct violations of construction-related accessibility standards noted in the CASp Report and any additional work necessitated thereby (all of which Tenant Lessee shall complete as expeditiously as possible following the issuance of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant Lessee to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of CountyCounty (which consent shall not be unreasonably withheld) or if disclosure is required by law. TenantLessee’s obligation to indemnify County, County and the County Indemnified Parties underunder Section 8.1 above shall apply equally to Claims arising out of any CASp investigation initiated by Lessee, including as a result of any violations discovered thereby.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 Pursuant to California Civil Code section 1938, Lessor states that no portion of the California Civil Code, County hereby notifies Tenant that, as of the Effective Date, the Property Premises has not been inspected undergone an inspection by a Certified Access Specialist (as referred to in Section 1938 of the California Civil CodeCASp). As such, County hereby advises Tenant as follows: “A Certified Access Specialist (CASp) 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 Lessor may not prohibit the lessee Lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee Lessee or tenant, if requested by the lessee 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.” If Tenant . In the event Lessee elects to have obtain a Certified Access Specialist (“CASp”) inspect CASp inspection of the PropertyPremises, then Tenant shall: (a) provide County with prior written notice of such election and the parties shall mutually agree with County on the arrangements for the time and manner of the CASp inspection, (b) promptly give County a copy of and Lessee agrees to pay the resulting report (fee for the “CASp Report”) upon receipt, (c) be responsible, at its sole cost inspection and expense, for the cost of the CASp Report and for completing making any repairs or modifications that are necessary to correct violations of construction-related accessibility standards noted in within the Premises provided that such work is non- structural. In the event Lessor elects to obtain a CASp Report inspection of the Premises, the parties shall mutually agree on the arrangements for the time and any additional work necessitated thereby (all of which Tenant shall complete as expeditiously as possible following the issuance manner of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense)inspection, and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys Lessor agrees to not disclose pay the fee for the CASp Report inspection and the cost of making any repairs necessary to any person correct violations of construction-related accessibility standards within the Premises so long as the CASp inspection was nottriggered by a Lessee alteration or Lessee’s specific use of the Premises which is other than County (and except as necessary for Tenant to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underpermitted Use under this Lease.

Accessibility Disclosure. In compliance with its disclosure obligations under Section 1938 of the California Civil Code, County hereby notifies Tenant that, as of the Effective Date, the Property has not been inspected by a Certified Access Specialist (as referred to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant 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.” If Tenant elects to have a Certified Access Specialist (“CASp”) inspect the Property, then Tenant shall: (a) provide County with prior written notice of such election and mutually agree with County on the arrangements for the time and manner of the CASp inspection, (b) promptly give County a copy of the resulting report (the “CASp Report”) upon receipt, (c) be responsible, at its sole cost and expense, for the cost of the CASp Report and for completing any repairs or modifications that are necessary to correct violations of construction-related accessibility standards noted in the CASp Report and any additional work necessitated thereby (all of which Tenant shall complete as expeditiously as possible following the issuance of the CASp Report and in compliance with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense), and (d) not disclose and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys to not disclose the CASp Report to any person other than County (and except as necessary for Tenant to complete the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, County, and the County Parties underunder Section 8.2 below shall apply equally to Claims arising out of any CASp investigation initiated by Tenant, including as a result of any violations discovered thereby.

Accessibility Disclosure. In compliance Landlord hereby discloses to Tenant, in accordance with its disclosure obligations under California Civil Code Section 1938 1938, and Tenant hereby acknowledges that the Premises have not undergone an inspection by a Certified Access Specialist (CASp) to determine whether the Premises meet all applicable construction-related accessibility standards pursuant to California Civil Code §55.51 et seq. As required by Section 1938(e) of the California Civil Code, County Landlord hereby notifies Tenant that, as of the Effective Date, the Property has not been inspected by a Certified Access Specialist (as referred to in Section 1938 of the California Civil Code). As such, County hereby advises Tenant states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee 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.” If In furtherance of the foregoing, and notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant elects to have a Certified Access Specialist (“CASp”) inspect the Property, then Tenant shallhereby agree as follows: (ai) provide County any CASp inspection requested by Tenant shall be conducted, at Tenant’s sole cost and expense, by a CASp approved in advance by Landlord, subject to Landlord’s rules and requirements; (ii) Landlord shall have no obligation to perform any work or repairs identified in any such CASp inspection; and (iii) to the extent that any work, repairs, replacements, or improvements are recommended or required by the CASp (or otherwise required as a result of any such CASp inspection or anything done by Tenant in its use or occupancy of the Premises), then, at Landlord’s election, Tenant shall be required to perform the same at Tenant’s sole cost and expense (subject to the terms and conditions of this Lease and Landlord’s right to approve of detailed plans and specifications in advance); provided, however, Landlord shall have the option to perform any or all of the foregoing at Tenant’s sole cost and expense (with prior written notice of such election and mutually agree with County on the arrangements Tenant to reimburse Landlord upon demand for the time reasonable costs and manner expenses incurred by Landlord in performing the same). Notwithstanding the foregoing (except to the extent any of the CASp inspection, (b) promptly give County following alterations or improvements are required as a copy result of Tenant’s specific use of the resulting report Premises or any alterations, improvements or other work performed by or on behalf of Tenant, in which case Tenant shall be responsible therefor at Tenant’s sole cost and expense), Landlord (the “CASp Report”not Tenant) upon receipt, (c) shall be responsible, at its Landlord’s sole cost and expense, for making all alterations and improvements required under Governmental Requirements to remedy any violation of Governmental Requirements which existed prior to the cost date Tenant was first granted access to any portion of the CASp Report Premises (the “Early Access Date”) and for completing which was not subject to any repairs variance or modifications grandfathered code waiver exemption (but only to the extent that are necessary to correct violations of construction-related accessibility standards noted in the CASp Report and any additional work necessitated thereby (all of which Tenant shall complete as expeditiously as possible following the issuance of the CASp Report and in compliance i) remediation is required by a governmental authority with this Lease (including without limitation Section 5), unless County elects at its option to perform such work at Tenant’s expense)jurisdiction, and (dii) not disclose such governmental authority, if it had knowledge of the condition prior to the Early Access Date, would have then required remediation pursuant to then-current applicable requirements of Governmental Requirements, in their form existing as of the Early Access Date and cause its partners, members, officers, directors, managers, shareholders, employees, agents, brokers and attorneys pursuant to not disclose the CASp Report to any person other than County (and except then-current interpretation of such Governmental Requirements by such governmental authority as necessary for Tenant to complete of the repairs and corrections of violations noted in the CASp Report) without first obtaining the prior written consent of County. Tenant’s obligation to indemnify County, and the County Parties underEarly Access Date).