Common use of California Civil Code Section 1938 Clause in Contracts

California Civil Code Section 1938. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a person certified as a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code: “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.” In furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant’s right to request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, the Building and/or the Project to the extent permitted by applicable law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable law now or hereafter in effect, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection of the Premises only, which request must be made, if at all, in a written notice delivered by Tenant to Landlord within thirty (30) days after the Rent Commencement Date; (B) any CASp inspection timely requested by Tenant shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2)only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3)in a professional manner by a CASp designated by Landlord and without any testing that would damage the Premises, the Building or the Project in any way, (4) in accordance with all of the provisions of this Lease applicable to Tenant contracts for construction, and (5) at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment of the fee for such CASp inspection, the fee for any reports and/or certificates prepared ​ ​ by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant’s contract with the CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy of any CASp Reports to Landlord within two (2) business days after Tenant’s receipt thereof; and (E) any information generated by the CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such information, or (II)any governmental entity, agency or other person, in each instance to whom disclosure is required by applicable law or by regulatory or judicial process.

California Civil Code Section 1938. For purposes of Section 1938(a) of To Landlord’s actual knowledge, the California Civil CodePremises, Landlord hereby discloses to Tenantthe Building, and Tenant hereby acknowledges, that the Premises Common Areas have not undergone an inspection by a person certified as a Certified Access Specialist (CASp). In addition, and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises, the Building, or the Common Areas in order to comply with accessibility standards. The following notice disclosure is hereby provided made pursuant to Section 1938(e) of the applicable California Civil CodeLaw: “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.” In furtherance of [California Civil Code §1938(e).] Landlord and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant’s right to request and obtain Tenant agree that if Tenant requests a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to any portion of the Premises, the Building, or the Common Areas, (i) such CASp inspection shall be conducted in compliance with reasonable rules in effect at the Building and/or the Project with regard to the extent permitted by applicable law now or hereafter in effectsuch inspections and subject to Landlord’s prior written consent; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable law now or hereafter in effectTenant, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection of the Premises only, which request must be made, if at all, in a written notice delivered by Tenant to Landlord within thirty (30) days after the Rent Commencement Date; (B) any CASp inspection timely requested by Tenant shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2)only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3)in a professional manner by a CASp designated by Landlord and without any testing that would damage the Premises, the Building or the Project in any way, (4) in accordance with all of the provisions of this Lease applicable to Tenant contracts for construction, and (5) at Tenant’s its sole cost and expense, including, without limitation, Tenant’s payment of shall pay for the fee for such CASp inspection, the fee for any reports and/or certificates prepared ​ ​ by the CASp in connection with such CASp inspection ; and (collectively, the “CASp Reports”iii) and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant’s contract with the CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy ’s respective responsibilities for the costs of making any CASp Reports repairs necessary to Landlord correct violations of construction-related accessibility standards within two (2) business days after Tenant’s receipt thereof; and (E) any information generated by the CASp inspection and/or contained in Premises, the CASp Reports shall not be disclosed by Tenant to anyone other than (I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such informationBuilding, or (II)any governmental entitythe Common Areas identified by such CASp inspection, agency or other personif any, in each instance to whom disclosure is required by applicable law or by regulatory or judicial processshall be as provided under this Lease.

California Civil Code Section 1938. For purposes As of the date of this Lease, the Premises, Building and Project have not been inspected by a Certified Access Specialist as referred to in Section 1938(a1938 of the California Civil Code. As required by Section 1938(e) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a person certified states as a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Codefollows: “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.” In furtherance of and in connection with such notice: (i) Tenantthe foregoing, having read such notice and understanding Tenant’s right to request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, the Building and/or the Project to the extent permitted by applicable law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable law now or hereafter in effect, then Landlord and Tenant hereby agree as follows follows: (which constitute the mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection of the Premises only, which request must be made, if at all, in a written notice delivered by Tenant to Landlord within thirty (30) days after the Rent Commencement Date; (Ba) any CASp inspection timely requested by Tenant shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business dayconducted, (2)only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3)in a professional manner by a CASp designated by Landlord and without any testing that would damage the Premises, the Building or the Project in any way, (4) in accordance with all of the provisions of this Lease applicable to Tenant contracts for construction, and (5) at Tenant’s 's sole cost and expense, includingby a CASp approved in advance by Landlord; and (b) pursuant to this Lease, Tenant, at its cost, is responsible for making any repairs within the Premises to correct violations of construction- related accessibility standards, in accordance with the terms of this 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 Xxxxxxxx’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 required as a result of Xxxxxx’s use of the Premises for other than normal, general office use, or by Tenant’s higher than normal occupancy density, or if the failure to make such repairs or modifications would not affect Tenant’s use or occupancy of the Premises, then either (i) 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, or (ii) Landlord may elect not to make such repairs or modifications, and Tenant shall be required to modify its use and occupancy density of the Premises so as to comply with applicable construction-related accessibility standards without such repairs or modifications being made to the Building. Efficiency, Sustainability and Other Building Management Programs. Tenant shall fully cooperate with Landlord in any programs in which Landlord may elect to participate relating to the Building’s and/or the Project’s (i) energy efficiency, management, and conservation; (ii) water conservation and management; (iii) environmental standards and efficiency; (iv) recycling and reduction programs; and/or (v) safety, which participation may include, without limitation, Tenant’s payment of the fee for such CASp inspectionLeadership in Energy and Environmental Design (LEED) program, the fee for any reports and/or certificates prepared ​ ​ ENERGY STAR or other sustainability, efficiency or health & wellness certification and related Green Building Rating System promoted by the CASp U.S. Green Building Council. All carbon tax credits and similar credits, offsets and deductions are the sole and exclusive property of Landlord. Tenant shall fully comply with all present or future government-mandated programs intended to manage parking, transportation or traffic in connection with such CASp inspection (collectivelyand around the Building and Project, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant’s contract with the CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy take responsible action for the transportation planning and management of all employees located at the Premises by working directly with Landlord, any CASp Reports to Landlord within two (2) business days after Tenant’s receipt thereof; and (E) governmental transportation management organization or any information generated by the CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such information, transportation-related committees or (II)any governmental entity, agency or other person, in each instance to whom disclosure is required by applicable law or by regulatory or judicial processentities.

California Civil Code Section 1938. For purposes of Pursuant to Section 1938(a) 1938 of the California Civil Code, Landlord hereby discloses to Tenantadvises Tenant that as of the date of this Second Amendment, and Tenant hereby acknowledges, that the Expansion Premises have has not undergone inspection by a person certified as a Certified Access Specialist (a “CASp)”) during the Landlord’s ownership of the Building, nor, to Landlord’s actual knowledge (without any duty of inquiry, prior to Landlord’s ownership of the Building. In additionFurther, the following notice is hereby provided pursuant to Section 1938(e) 1938 of the California Civil Code, Landlord notifies Tenant of the following: “A Certified Access Specialist (CASp) can inspect the subject premises Expansion Premises and determine whether the subject premises Expansion 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 premisesExpansion Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises Expansion 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 any such CASp inspection, the payment of the fee costs and fees for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of Expansion Premises. Therefore and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant’s right to request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect notwithstanding anything to the Premisescontrary contained in the Original Lease, the Building and/or the Project to the extent permitted by applicable law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable law now or hereafter in effect, then Landlord and Tenant hereby agree as follows that (which constitute the mutual agreement of the parties as to the matters described in the last sentence of the foregoing notice): (Aa) Tenant shall have the one-time right to request for may, at its option and obtain at its sole cost, cause a CASp inspection of to inspect the Expansion Premises only, which request must be made, if at all, in a written notice delivered by Tenant to Landlord within thirty (30) days after and determine whether the Rent Commencement Date; (B) any CASp inspection timely requested by Tenant shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2)only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3)in a professional manner by a CASp designated by Landlord and without any testing that would damage the Premises, the Building or the Project in any way, (4) in accordance Expansion Premises complies with all of the provisions applicable construction-related accessibility standards under California law, (b) the parties shall mutually coordinate and reasonably approve of the timing of any such CASp inspection so that Landlord may, at its option, have a representative present during such inspection, (c) Tenant shall be solely responsible for the cost of any repairs necessary to correct violations of construction-related accessibility standards within the Expansion Premises, any and all such alterations and repairs to be performed in accordance with this Lease applicable to Tenant contracts for constructionSecond Amendment, and (5d) at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment if anything done by or for Tenant in its use or occupancy of the fee for such CASp inspectionExpansion Premises shall require repairs to the Building to correct violations of construction-related accessibility standards, the fee for any reports and/or certificates prepared ​ ​ by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant’s contract with the CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) then Tenant shall deliver a copy of any CASp Reports reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord within two (2) business days after Tenant’s receipt thereof; and (E) any information generated by the CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know performing such information and who agree in writing not to further disclose such information, or (II)any governmental entity, agency or other person, in each instance to whom disclosure is required by applicable law or by regulatory or judicial processrepairs.

California Civil Code Section 1938. For purposes of Section 1938(a) of the Pursuant to California Civil CodeCode § 1938, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, states that the Premises First Expansion Space and the Second Expansion Space have not undergone inspection by a person certified as a Certified Access Specialist (CASp). In addition, ) (defined in California Civil Code §55.52) and provides the following notice is hereby provided pursuant notification to Section 1938(e) of the California Civil CodeTenant: “"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." In accordance with the foregoing, Landlord and Tenant agree that if Tenant requests a CASp inspection of the First Expansion Space or the Second Expansion Space, then Tenant shall pay (i) the fee for such inspection, and (ii) the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of First Expansion Space and in connection with such notice: (i) Tenantthe Second Expansion Space; provided, having read such notice and understanding Tenant’s right to request and obtain a CASp inspection and with advice of counselthat, hereby elects not if Tenant is required to obtain such CASp inspection and forever waives its rights to obtain a CASp inspection with respect to the Premises, the Building and/or the Project to the extent permitted by applicable law now Law or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to avoid any penalty imposed under applicable law now or hereafter in effectLaw, then Landlord the cost of and Tenant hereby agree as follows (which constitute obligation of making any repairs necessary to correct violations of construction-related accessibility standards within the mutual agreement of First Expansion Space and the parties as to the matters described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection of the Premises only, which request must be made, if at all, in a written notice delivered by Tenant to Landlord within thirty (30) days after the Rent Commencement Date; (B) any CASp inspection timely requested by Tenant Second Expansion Space shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2)only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3)in a professional manner governed by a CASp designated by Landlord and without any testing that would damage the Premises, the Building or the Project in any way, (4) in accordance with all of the provisions of this Lease applicable to Tenant contracts for construction, and (5) at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment of the fee for such CASp inspection, the fee for any reports and/or certificates prepared ​ ​ by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Landlord shall be an express third party beneficiary of Tenant’s contract with the CASp, and any CASp Reports shall be addressed to both Landlord and Tenant; (D) Tenant shall deliver a copy of any CASp Reports to Landlord within two (2) business days after Tenant’s receipt thereof; and (E) any information generated by the CASp inspection and/or contained in the CASp Reports shall not be disclosed by Tenant to anyone other than (I) contractors, subcontractors and/or consultants of Tenant, in each instance who have a need to know such information and who agree in writing not to further disclose such information, or (II)any governmental entity, agency or other person, in each instance to whom disclosure is required by applicable law or by regulatory or judicial processLease.