California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of Hazardous Substances have come to be located on or beneath real property to provide written notice of that condition to a buyer of said real property. There is a possibility that a release of Hazardous Substances may have come to be located on or beneath the Property. By Buyer's execution of this Agreement, Buyer (a) acknowledges Buyer's receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of Buyer's benefits thereunder and (b) as of the Closing Date and after receiving advice of Buyer's legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of Hazardous Substances or other hazardous materials from, on or about the Property.
California Specific Provisions. In the event of any inconsistencies between the terms and conditions of this Article 6 and the other terms and conditions of this Guaranty, the terms and conditions of this Article 6 shall control and be binding.
California Specific Provisions. 24.19.1 In addition to and not in limitation of any other waiver contained herein, Tenant hereby voluntarily waives the provisions of California Civil Code §§1941 and 1942 and all other provisions of law now in force or that become in force hereafter that provide Tenant the right to make repairs at Landlord’s expense and to deduct the expense of such repairs from Rent owing hereunder.
California Specific Provisions. 13.1 This Section 13.1 is applicable to California businesses only and is intended to provide guidance on Lucky Orange’s compliance with Cal. Civ. Code § 1798.100 et. seq., otherwise known as the “California Consumer Privacy Act of 2018” or “CCPA” as amended by the California Privacy Rights Act of 2020 in the performance of the Service. Capitalized terms used throughout this Section 13.1 but undefined elsewhere shall have their respect meanings under CCPA. In performing the Service, Lucky Orange operates as Customer’s service provider under the CCPA. As Customer’s service provider, Lucky Orange processes certain personal information, in accordance with Customer’s instructions, to fulfill a legitimate business purpose for Customer. The business purpose(s) for which Customer has retained Lucky Orange for include any one or more of the following activities: maintaining or servicing Lucky Orange accounts, providing customer service in connection with the Service, processing or fulfilling orders and transactions involving your website patrons, providing advertising or marketing services through the Lucky Orange proprietary tools, providing analytic services, or providing similar services on Customer’s behalf. Aside from fulfilling the business purpose for Customer, Lucky Orange does not disclose or resell Personal Information for any other commercial purpose, except in certain cases where the personal information has been pseudonymized or is considered aggregate consumer information. The CCPA provides California Consumers (“Consumers”) the right to request that Lucky Orange delete the Consumer’s personal information under certain conditions. When Lucky Orange receives a request to delete personal information from a Consumer, Lucky Orange will verify the identity of the Consumer and then, as applicable, direct its service providers to delete the Consumer’s personal information approved for deletion. Accordingly, in the event that Customer receives a verifiable Consumer request to delete personal information held by Lucky Orange (as determined in Customer’s sole discretion), Lucky Orange shall fulfill such request without delay, provided Customer makes such request using the form provided by Lucky Orange. Lucky Orange shall not respond to any other request made in any other manner by Customer so as to ensure the confidentiality, integrity, and security of the personal information it processes.
California Specific Provisions. (a) Tenant hereby acknowledges and agrees that on or before the day hereof it has received from Landlord the disclosures required pursuant Section 25402.10 of the California Public Resources Code.
California Specific Provisions. (a) Each Guarantor specifically agrees that such Guarantor shall not be released from liability hereunder by any action taken by Lender including, without limitation, a nonjudicial sale under the Security Instrument that would afford Borrower a defense based on California’s anti-deficiency laws, in general, and California Code of Civil Procedure Section 580d, in specific. Without limiting the foregoing, each Guarantor expressly understands, acknowledges and agrees as follows:
California Specific Provisions. (a) The Guarantor waives any rights and defenses that are or may become available to such Guarantor by reason of §§ 2787 to 2855, inclusive, and §§ 2899 and 3433 of the California Civil Code. As provided herein, this Guaranty shall be governed by, and construed in accordance with, the internal laws of the State of New York. The foregoing waivers and provisions hereinafter set forth in this Guaranty which pertain to California law are included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or any of the Obligations.
California Specific Provisions. 47 10.10 Authorization ................................................................................................................... 48 10.11
California Specific Provisions. The following provisions relate solely to those Facilities and related real property located within the State of California:
California Specific Provisions. (d) In addition to and not in limitation of any other waiver contained herein, Tenant hereby voluntarily waives the provisions of California Civil Code §1950.7 and all other provisions of law now in force or that become in force hereafter that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in payment of accrued Rent, to repair damage caused by Tenant or to clean the Property. Landlord and Tenant acknowledge and agree that in no event or circumstance shall the Security Deposit Account or any proceeds thereof be deemed to be or treated as a “security deposit” under any law applicable to security deposits in the commercial context, including California Civil Code §1950.7 or any similar or successor statute.
