Common use of California Civil Code Section 1938 Clause in Contracts

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 19381938(a), Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests obtains a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Section 1 of Exhibit F to the Lease is hereby deleted in its entirety and is replaced with the following: “California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.”

California Civil Code Section 1938. Pursuant to In accordance with California Civil Code § Section 1938, Landlord hereby states discloses that the Premises have has not undergone inspection by a Certified Access Specialist (CASpSpecialist. As required by Section 1938(e) (defined in of the California Civil Code§ 55.52). Accordingly, pursuant to California Civil Code § 1938(e)Code, Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. .” In accordance with furtherance of the foregoing, by their execution of the Lease, Landlord and Tenant hereby agree that if that in the event that Tenant requests 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, then Tenant shall pay (i) the fee for such inspection, and (iic) except as may performed by a CASp who has been approved or designated by Landlord prior to the Inspection. Any Inspection must be otherwise expressly provided in this Leaseperformed at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant, the at its sole cost of and expense, shall be solely responsible for making any improvements, alterations, modifications and/or repairs necessary within or to the Premises to correct violations of construction-related accessibility standards within as disclosed by any Tenant-performed CASp inspection. Subject to the Premisesforegoing, nothing herein shall affect the allocation for responsibility for compliance with Disability Access Laws as provided in Sections l0(b) and (c) of this Lease.

California Civil Code Section 1938. Pursuant Tenant hereby acknowledges and agrees that, prior to the mutual execution and delivery of this Amendment, Landlord has disclosed to Tenant the following disclosures required by Section 1938 of the California Civil Code § 1938Code: (i) as of the Expansion Premises Commencement Date, Landlord hereby states that has not had the Premises have not undergone inspection property being leased hereunder inspected by a Certified Access Specialist (“CASp”) (as that term is defined in California Civil Code§ Code Section 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: ; and (ii) “A Ce1tified Access Specialist (CASp) a 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 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”. In accordance .” Tenant (for itself and all others claiming through Tenant) hereby irrevocably waives and releases all rights and claims it may have under or in connection with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection Section 1938 of the PremisesCalifornia Civil Code, then Tenant shall pay (i) the fee for as such inspectioncode section may be amended from time to time, and (ii) except as may be otherwise expressly provided any successor statutes and similar applicable laws, now or hereafter in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premiseseffect.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have Expansion Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExpansion Space, then (i) Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExpansion Space shall be governed by the applicable terms of the Lease (including, without limitation, Section 5 thereof).

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.”

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “"A Ce1tified 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 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”". In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises; provided, that, if Tenant is required to obtain such CASp inspection by applicable Law or to avoid any penalty imposed under applicable Law, then the cost of and obligation for making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be governed by the provisions of this Lease.

California Civil Code Section 1938. Pursuant to California Civil Code § 19381938(a), Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § Section 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests obtains a CASp inspection of the Premises, then Tenant shall shall, at its sole cost and expense, pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) Tenant shall pay the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesPremises shall be governed by Section 5 of the Lease.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises Existing Premises, Suite 210, the First Expansion Space, the Second Expansion Space, and the Suite 250, 460 and 100 Must Take Spaces referenced in Sections 7, 8, and 9 above, have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “"A Ce1tified 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 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”". In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises; provided, that, if Tenant is required to obtain such CASp inspection by applicable Law or to avoid any penalty imposed under applicable Law, then the cost of and obligation for making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be governed by the provisions of the Lease.

California Civil Code Section 1938. Pursuant Tenant hereby acknowledges and agrees that, prior to the mutual execution and delivery of this Second Amendment, Landlord has disclosed to Tenant the following disclosures required by Section 1938 of the California Civil Code § 1938Code: (i) as of the Expansion Premises Commencement Date, Landlord hereby states that has not had the Premises have not undergone inspection property being leased hereunder inspected by a Certified Access Specialist (“CASp”) (as that term is defined in California Civil Code§ Code Section 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: ; and (ii) “A Ce1tified Access Specialist (CASp) a 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 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”. In accordance .” Tenant (for itself and all others claiming through Tenant) hereby irrevocably waives and releases all rights and claims it may have under or in connection with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection Section 1938 of the PremisesCalifornia Civil Code, then Tenant shall pay (i) the fee for as such inspectioncode section may be amended from time to time, and (ii) except as may be otherwise expressly provided any successor statutes and similar applicable laws, now or hereafter in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.effect. FACE-56177\2326637.1

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord Licensor hereby states that the Premises have Licensed Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord Licensor hereby further hereby states as follows: “A Ce1tified Certified Access Specialist (CASp) can inspect the subject premises Licensed Space and determine whether the subject premises comply Licensed Space complies with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premisesLicensed Space, the commercial property owner or lessor may not prohibit the Lessee lessee, tenant or tenant licensee from obtaining a CASp inspection of the subject premises Licensed Space for the occupancy or potential occupancy of the lessee lessee, tenant or tenantlicensee, if requested by the lessee lessee,tenant or tenantlicensee. 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 premisesLicensed Space”. In accordance with the foregoing, Landlord Licensor and Tenant Licensee agree that if Tenant Licensee requests a CASp inspection of the PremisesLicensed Space, then Tenant Licensee shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAgreement, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesLicensed Space.

California Civil Code Section 1938. Pursuant to For purposes of Section 1938 of the California Civil Code § 1938Code, Landlord hereby states discloses to Tenant, and Tenant hereby acknowledges, that the Project, the Building and the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) (defined in of the California Civil Code§ 55.52). Accordingly, pursuant to California Civil Code § 1938(e)Code, Landlord hereby further hereby states as follows: “A Ce1tified Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related constructionrelated 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 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”. .” In accordance with furtherance of the foregoing, Landlord and Tenant hereby agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay as follows: (i) the fee for such inspectionany CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp approved in advance by Landlord; and (ii) except as may Tenant, at its cost, shall be otherwise expressly provided in this Lease, the cost of responsible for making any repairs necessary within the Premises to correct violations of construction-related accessibility standards within then required by law disclosed by such an inspection ordered by Tenant, in accordance with the terms of Article 8 of the Original Lease. If any such CASp inspection indicates that repairs or modifications are required to cause the areas of the Building outside the Premises to comply with applicable construction-related accessibility standards, and are related to Tenant’s use of the Premises for normal, general office use, with normal occupancy densities (as reasonably determined by Landlord), and Landlord’s failure to make such repairs or modifications would affect Tenant’s use of or occupancy of the Premises, then Landlord (or Tenant, if so elected by Landlord) shall make such repairs or modifications to the Building at Landlord’s sole cost. If any such repairs or modifications to the Building are disclosed by an inspection ordered by Tenant and are then required by law to be made as a result of Tenant’s use of the Premises for other than normal, general office use, or by Tenant’s higher than normal occupancy density, then Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises Expansion Space have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. Confidential Treatment Requested by Mirum Pharmaceuticals, Inc. Pursuant to 17 C.F.R. § 200.83 In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExpansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExpansion Space.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Currently Existing Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). ​ Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. ​ In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Currently Existing Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Currently Existing Premises.. ​

California Civil Code Section 1938. Pursuant to California Civil Code § 19381938(a), Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code §55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests obtains a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of responsibility for making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesPremises shall be allocated as provided in this Lease.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have Expansion Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExpansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExpansion Space identified by such CASp inspection so carried out by or at the request of Tenant.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises Expansion Space have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExpansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExpansion Space.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease (including, without limitation, Section 5 of the Lease), the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § Code§ 1938, Landlord hereby states that the Premises have Expansion Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “"A Ce1tified 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 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”". In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExpansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExpansion Space.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938§1938(a), Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to a California Civil Code § 1938(e1938(c), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests obtains a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows55.52) and provides the following notification to Tenant: “"A Ce1tified 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 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-construction related accessibility standards within the premises”. ." In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises; provided, that, if Tenant is required to obtain such CASp inspection by applicable Law or to avoid any penalty imposed under applicable Law, then the cost of and obligation of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be governed by the provisions of the Lease.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for any such inspectioninspection so carried out by or at the request of Tenant, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesPremises identified by such CASp inspection so carried out by or at the request of Tenant.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have Suite 425 Expansion Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesSuite 425 Expansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesSuite 425 Expansion Space.

California Civil Code Section 1938. Pursuant Tenant hereby acknowledges and agrees that, prior to the mutual execution and delivery of this Third Amendment, Landlord has disclosed to Tenant the following disclosures required by Section 1938 of the California Civil Code § 1938Code: (i) as of the Third Expansion Premises Commencement Date, Landlord hereby states that has not had the Premises have not undergone inspection property being leased hereunder inspected by a Certified Access Specialist ("CASp") (as that term is defined in California Civil Code§ Code Section 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified Access Specialist ; and (CASpii) "a 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 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”. In accordance ." Tenant (for itself and all others claiming through Tenant) hereby irrevocably waives and releases all rights and claims it may have under or in connection with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection Section 1938 of the PremisesCalifornia Civil Code, then Tenant shall pay (i) the fee for as such inspectioncode section may be amended from time to time, and (ii) except as may be otherwise expressly provided any successor statutes and similar applicable laws, now or hereafter in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premiseseffect.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “"A Ce1tified 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 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”". In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have Suite 700 Must Take Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “"A Ce1tified 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 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”". In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesSuite 700 Must Take Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesSuite 700 Must Take Space; provided, that, if Tenant is required to obtain such CASp inspection by applicable Law or to avoid any penalty imposed under applicable Law, then the cost of and obligation for making any repairs necessary to correct violations of construction-related accessibility standards within the Premises shall be governed by the provisions of the Lease.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the Premises, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise to the extent expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

California Civil Code Section 1938. Pursuant to California Civil Code § 19381938(a), Landlord hereby states that the Existing Premises and the Expansion Space have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesExisting Premises or the Expansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this Amendment or the Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesExisting Premises or the Expansion Space, as applicable.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises and Must Take Space have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the PremisesPremises or Must Take Space, then Tenant shall pay (i) the fee for such inspectioninspection using a CASp inspector designated by Landlord, and (ii) except as may be otherwise expressly provided in this Lease, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premisesidentified by such CASp inspection shall be paid for solely by Tenant.

California Civil Code Section 1938. Pursuant to California Civil Code § 1938, Landlord hereby states that (as of the Premises have date hereof) the Substitution Space has not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code§ Code § 55.52). Accordingly, pursuant to California Civil Code § 1938(e), Landlord hereby further hereby states (as of the date hereof) as follows: “A Ce1tified 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 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”. In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests (after the date hereof) a CASp inspection of the PremisesSubstitution Space, then Tenant shall pay (i) the fee for such inspection, and (ii) except as may be otherwise expressly provided in this LeaseAmendment, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the PremisesSubstitution Space.