Common use of CASp Inspection Clause in Contracts

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord hereby discloses, and Tenant hereby acknowledges, that the Premises has not been inspected by a Certified Access Specialist (“CASp”). California Civil Code Section 1938 also requires that this Lease contain the following statement: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction 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 to correct violations of the construction related accessibility standards within the premises.” In accordance with the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice to Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires a CASp inspection of the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed to correct violations of the construction related accessibility standards within or relating to the Premises and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. .

CASp Inspection. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Buildings nor any portion of the Premises has undergone inspection by a Certified Access Specialist (CASp) (defined by California Civil Code Section 55.52). Pursuant to California Civil Code Section 1938, Landlord Tenant is hereby discloses, and Tenant hereby acknowledges, that the Premises has not been inspected by a Certified Access Specialist (“CASp”). California Civil Code Section 1938 also requires that this Lease contain the following statementnotified as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the any CASp inspection, the payment of the fee for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance with the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice If Tenant requests to Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires perform a CASp inspection of the Premises, then: Tenant shall, at its cost, retain a CASp approved by Landlord to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall provide Landlord with a copy of any report or certificate issued by the CASp (i) the “CASp Report”). Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed modifications necessary to correct violations of the construction related accessibility standards within or relating identified in the CASp Report shall be the responsibility of Tenant. Txxxxx agrees to keep the Premises and Master information in the CASp Report confidential except as necessary for the Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. complete such modifications.

CASp Inspection. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Building nor any portion of the Premises has undergone inspection by a Certified Access Specialist (CASp) (defined by California Civil Code Section 55.52). Pursuant to California Civil Code Section 1938, Landlord Tenant is hereby discloses, and Tenant hereby acknowledges, that the Premises has not been inspected by a Certified Access Specialist (“CASp”). California Civil Code Section 1938 also requires that this Lease contain the following statementnotified as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the any CASp inspection, the payment of the fee for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance with the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice If Tenant requests to Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires perform a CASp inspection of the Premises, then: Tenant shall, at its cost, retain a CASp approved by Landlord to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall provide Landlord with a copy of any report or certificate issued by the CASp (i) the “CASp Report”). Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed modifications necessary to correct violations of the construction related accessibility standards within or relating identified in the CASp Report shall be the responsibility of Tenant. Xxxxxx agrees to keep the Premises and Master information in the CASp Report confidential except as necessary for the Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. complete such modifications.

CASp Inspection. Pursuant to For purposes of Section 1938 of the California Civil Code Section 1938Code, Landlord hereby disclosesdiscloses to Tenant, and Tenant hereby acknowledges, that the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code Section 1938 also requires that this Lease contain the following statementCode, Landlord hereby states as follows: “"A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction 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 the construction construction-related accessibility standards within the premises.” " In accordance with furtherance of the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice to Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires a CASp inspection of the Premises, then: (i) Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Tenant shall mutually agree on be conducted, at Tenant's sole cost and expense, by a CASp designated by Landlord and reasonably approved by Tenant; (b) with respect to Tenant's Legal Compliance Obligations, Tenant, at its cost, is responsible for making repairs within the arrangements Premises to correct violations of construction-related accessibility standards; and, if pursuant to Tenant's Legal Compliance Obligations, Tenant is required to make repairs to the Building (outside the Premises) to correct violations of construction-related accessibility standards, 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 time and manner cost to Landlord of the CASp inspection during performing such thirty (30) day periodrepairs; (iic) Master if Tenant requests any CASp inspection, Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and for all repairs needed costs to correct violations of the construction construction-related accessibility standards within or relating and (d) to the Premises extent clauses (b) and Master Tenant can terminate this lease if it (c) are inapplicable, Landlord is determinedresponsible for making all repairs to the Original Improvements, by Master Tenant that any repairs the Base Building and the Common Areas to correct violations would be too costly. of construction-related accessibility standards, which costs are reimbursable as Operating Expenses.

CASp Inspection. Pursuant to For purposes of Section 1938(a) of the California Civil Code Section 1938Code, Landlord hereby disclosesdiscloses to Tenant, and Tenant hereby acknowledges, that the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code Section 1938 also requires that this Lease contain the following statementCode: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance furtherance of and in connection with the foregoing, Master such notice: (i) Tenant, upon 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 waives its rights to obtain a CASp inspection with respect to the Premises to the extent permitted by any law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to law, 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, which request must be made, if at least thirty all, in a written notice delivered by Tenant to Landlord on or before the date that is the earlier of (301) the date Tenant has commenced construction of its initial Tenant improvements, if any, or (2) the 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 LandlordLandlord 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 in any way, and (4) 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 prepared by a CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of any CASp Reports to Landlord within three (3) business days after Tenant’s receipt thereof; (D) Tenant, at its sole cost and expense, shall have be responsible for making any improvements, Alterations, modifications and/or repairs to or within the right Premises to require a correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection; and (E) if such CASp inspection identifies any improvements, Alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Premises. If Master Tenant requires a CASp inspection of the PremisesPremises that are Landlord’s obligation to repair, then: if any, then (i1) Landlord shall perform such improvements, Alterations, modifications and/or repairs as and to the extent required by law to correct such violations, and (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall mutually agree on the arrangements reimburse Landlord for the time and manner cost of the CASp inspection during such improvements, Alterations, modifications and/or repairs within thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost days after Tenant’s receipt of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed to correct violations of the construction related accessibility standards within or relating to the Premises and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. an invoice therefor from Landlord.

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord Sublandlord hereby discloses, and Tenant hereby acknowledges, that informs Subtenant the Sublease Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). The foregoing verification is included in this Sublease solely for the purpose of complying with California Civil Code Section 1938 also requires and shall not in any manner affect Sublandlord’s and Subtenant’s respective responsibilities for compliance with construction-related accessibility standards as provided under the Sublease. Subtenant hereby acknowledges that this Lease contain the following statementSublease Premises have not undergone inspection by a CASp. As required by Section 1938(e) of the California Civil Code, Sublandlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction 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 tenantlessee, if requested by the lessee or tenantlessee. 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 the construction construction-related accessibility standards within the premises.” In accordance with furtherance of the foregoing, Master Tenant, upon Sublandlord and Subtenant hereby agree that (a) any CASp inspection requested by Subtenant shall be conducted at least thirty (30) days’ prior written notice to Landlord, shall have the right to require Subtenant’s sole cost by a CASp inspection of inspector approved by Sublandlord, and (b) Subtenant is responsible for making any repairs within the Premises. If Master Tenant requires a CASp inspection of Sublease Premises and/or the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed Building to correct violations of the construction construction-related accessibility standards within or relating to the Premises disclosed by such inspection requested by Subtenant at Subtenant’s sole cost and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. expense.

CASp Inspection. Pursuant to For purposes of Section 1938(a) of the California Civil Code Section 1938Code, Landlord hereby disclosesdiscloses to Tenant, and Tenant hereby acknowledges, that the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code Section 1938 also requires that this Lease contain the following statementCode: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance furtherance of and in connection with the foregoing, Master such notice: (i) Tenant, upon 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 waives its rights to obtain a CASp inspection with respect to the Premises to the extent permitted by any Law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to Law, 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, which request must be made, if at least all, in a written notice delivered by Tenant to Landlord on or before the date that is the earlier of (1) the date Tenant has commenced construction of its initial tenant improvements, if any, or (2) the 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 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 in any way, and (4) 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 prepared by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of any CASp Reports to Landlord within three (3) Business Days after Tenant’s receipt thereof; (D) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the Premises to correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection; and (E) if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Premises that are Landlord’s obligation to repair, if any, then (1) Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the extent required by Law to correct such violations, and (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall reimburse Landlord for the cost of such improvements, alterations, modifications and/or repairs within thirty (30) days’ prior written notice to days after Tenant’s receipt of an invoice therefor from Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires a CASp inspection of the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed to correct violations of the construction related accessibility standards within or relating to the Premises and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. .

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord hereby discloses, and Tenant hereby acknowledges, that the The Premises has have not been inspected undergone an inspection by a Certified Access Specialist (“CASp”). , and a disability access inspection certificate, as described in subdivision (e) of Section 55.53 of the California Civil Code Code, has not been issued for the Premises. In accordance with Section 1938 also requires that this Lease contain of the following statementCalifornia Civil Code, Tenant is advised of the following: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance Accordingly, the parties hereby agree that Tenant shall have the right, but not the obligation, to have a CASp inspect the Premises and determine whether the Premises complies with all of the foregoingapplicable construction-related accessibility standards under state law; provided, Master Tenanthowever, upon that such CASp inspection shall not be conducted unless and until: (i) Tenant has first delivered at least thirty ten (3010) days’ prior written notice to LandlordLandlord and the parties have thereafter entered into a written agreement confirming the timing, shall have the right to require a manner and confidentiality of such CASp inspection of the Premises. If Master Tenant requires a CASp inspection of the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time any report thereon; and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant has agreed in writing that Tenant shall be solely responsible to pay the cost of the liable for (and shall indemnify and defend Landlord harmless from and against any claims or liabilities relating to) any fees, costs or liabilities respecting such CASp inspection as and when required by any report thereon. If it is determined that the CASp. It is understood by Premises do not meet all applicable construction-related accessibility standards, then Tenant shall promptly make, but subject to the parties that Landlord shall not be required Amended Lease provisions otherwise requiring Landlord’s prior consent to perform, repairs or cause other alterations to be performedthe Premises, any and all repairs needed necessary to correct violations of the construction construction-related accessibility standards within or relating identified by such inspection, at Tenant’s sole cost and expense (subject to Tenant’s right to seek reimbursement from the Premises Tenant Allowance for such purpose in accordance with the terms and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. conditions of the Work Letter).

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord Lessor hereby discloses, and Tenant hereby acknowledges, that informs Lessee the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). The foregoing verification is included in this Amendment solely for the purpose of complying with California Civil Code Section 1938 also requires and shall not in any manner affect Lessor’s and Lessee’s respective responsibilities for compliance with construction-related accessibility standards as provided under the Lease. Lessee hereby acknowledges that this Lease contain the following statementPremises have not undergone inspection by a CASp. As required by Section 1938(e) of the California Civil Code, Lessor hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction 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 Lessee from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenantLessee, if requested by the lessee or tenantLessee. 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 the construction construction-related accessibility standards within the premises.” In accordance with furtherance of the foregoing, Master Tenant, upon Lessor and Lessee hereby agree that (a) any CASp inspection requested by Lessee shall be conducted at least thirty (30) days’ prior written notice to Landlord, shall have the right to require Lessee’s sole cost by a CASp inspection of inspector approved by Lessor, and (b) Lessee is responsible for making any repairs within the Premises. If Master Tenant requires a CASp inspection of Premises and/or the Premises, then: Project (ias defined in the Lease) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed to correct violations of the construction construction-related accessibility standards within or relating to the Premises disclosed by such inspection requested by Lessee at Lessee’s sole cost and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. expense.

CASp Inspection. Pursuant to California Civil Code Section § 1938, Landlord Lessor hereby discloses, and Tenant hereby acknowledges, states that the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). ) (defined in California Civil Code § 55.52(a)(3)). Pursuant to Section 1938 also requires that this Lease contain of the California Civil Code, Lessor hereby provides the following statementnotification to Lessee: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction related 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 the construction related accessibility standards within the premises.” In accordance with the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice If Lessee requests to Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires perform a CASp inspection of the Premises, then: Lessee shall, at its cost, retain a CASp approved by Lessor (iprovided that Lessor may designate the CASp, at Lessor’s option) Landlord and Tenant shall mutually agree on to perform the arrangements for the time and manner inspection of the CASp inspection during such thirty (30) day period; (ii) Master Tenant Premises at a time agreed upon by the parties. Lessee shall be solely responsible to pay the cost provide Lessor with a copy of any report or certificate issued by the CASp inspection as (the “CASp Report”) and when required by the CASp. It is understood by the parties that Landlord shall not be required to performLessee shall, or cause to be performedat its cost, promptly complete any and all repairs needed modifications necessary to correct violations of the construction related accessibility standards within or relating identified in the CASp Report. Lessee agrees to keep the Premises and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs information in the CASp Report confidential except as necessary for the Lessee to correct violations would be too costly. complete such modifications.

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord hereby discloses, and Tenant hereby acknowledges, that the The Premises has have not been inspected undergone an inspection by a Certified Access Specialist (“CASp”). , and a disability access inspection certificate, as described in subdivision (e) of Section 55.53 of the California Civil Code Code, has not been issued for the Premises. In accordance with Section 1938 also requires that this Lease contain of the following statementCalifornia Civil Code, Lessee is advised of the following: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance Accordingly, the parties hereby agree that Lessee shall have the right, but not the obligation, to have a CASp inspect the Premises and determine whether the Premises comply with all of the foregoingapplicable construction-related accessibility standards under state law; provided, Master Tenanthowever, upon that such CASp inspection shall not be conducted unless and until: (i) Lessee has first delivered at least thirty ten (3010) days’ prior written notice to LandlordLessor and the Parties have thereafter entered into a written agreement confirming the timing, shall have the right to require a manner and confidentiality of such CASp inspection of the Premisesand any report thereon; and (ii) Lessee has agreed in writing that Lessee shall be solely liable for (and shall indemnify and defend Lessor against any claims or liabilities relating to) any fees, costs or liabilities respecting such CASp inspection and any report thereon. If Master Tenant requires a CASp inspection of it is determined that the Premises do not meet all applicable construction-related accessibility standards, then Lessee shall promptly make, as soon as reasonably possible, but subject to Lease provisions otherwise requiring Lessor’s prior consent to repairs or other alterations to the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed necessary to correct violations of the construction construction-related accessibility standards within or relating to the Premises identified by such inspection, at Lessee’s sole cost and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. expense.

CASp Inspection. Pursuant to For purposes of Section 1938(a) of the California Civil Code Section 1938Code, Landlord hereby disclosesdiscloses to Tenant, and Tenant hereby acknowledges, that the Premises has have not been inspected undergone inspection by a Certified Access Specialist (“CASp”). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code Section 1938 also requires that this Lease contain the following statementCode: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of the construction construction-related accessibility standards within the premises.” In accordance furtherance of and in connection with the foregoing, Master such notice: (i) Tenant, upon 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 waives its rights to obtain a CASp inspection with respect to the Premises to the extent permitted by any Law now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to Law, 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, which request must be made, if at least all, in a written notice delivered by Tenant to 739237752.8 29 Landlord on or before the date that is the earlier of (1) the date Tenant has commenced construction of its initial tenant improvements, if any, or (2) the 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 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 in any way, and (4) 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 prepared by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other costs and expenses in connection therewith; (C) Tenant shall deliver a copy of any CASp Reports to Landlord within three (3) Business Days after Tenant’s receipt thereof; (D) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the Premises to correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection; and (E) if such CASp inspection identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Premises that are Landlord’s obligation to repair, if any, then (1) Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the extent required by Law to correct such violations, and (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall reimburse Landlord for the cost of such improvements, alterations, modifications and/or repairs within thirty (30) days’ prior written notice to days after Tenant’s receipt of an invoice therefor from Landlord, shall have the right to require a CASp inspection of the Premises. If Master Tenant requires a CASp inspection of the Premises, then: (i) Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performed, any and all repairs needed to correct violations of the construction related accessibility standards within or relating to the Premises and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. .

CASp Inspection. Pursuant to California Civil Code Section 1938, Landlord hereby discloses, and Tenant hereby acknowledges, that the Premises The Real Property (excluding tenant suites or employee only areas) has not been inspected undergone an inspection by a Certified Access Specialist (“CASp”). , and it was determined that the Real Property (excluding tenant suites or employee only areas) did not meet all applicable construction-related accessibility standards pursuant to California Civil Code §55.51 et seq. To the best of Landlord’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the Effective Date which have impacted the Premises’ compliance with construction-related accessibility standards. Landlord has provided, at least forty-eight (48) hours prior to execution of this Fifth Amendment, a copy of such CASp report to Tenant. Because a disability access inspection certificate, as described in subdivision (e) of Section 55.53 of the California Civil Code, was not issued for the Premises, Tenant is advised of the following (pursuant to Section 1938 also requires that this Lease contain of the following statement: 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 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 the construction construction-related accessibility standards within the premises.” In accordance with Accordingly, the foregoing, Master Tenant, upon at least thirty (30) days’ prior written notice to Landlord, parties hereby agree that Tenant shall have the right right, but not the obligation, to require have a CASp inspection inspect the Premises and determine whether the Premises complies with all of the Premisesapplicable construction-related accessibility standards under state law. If Master Tenant requires a CASp inspection of it is determined that the PremisesPremises do not meet all applicable construction-related accessibility standards, then: (i) Landlord and then Tenant shall mutually agree on the arrangements for the time and manner of the CASp inspection during such thirty (30) day period; (ii) Master Tenant shall be solely responsible promptly make, as soon as reasonably possible, but subject to pay the cost of the CASp inspection as and when required by the CASp. It is understood by the parties that Landlord shall not be required to perform, or cause to be performedSection 10 hereof, any and all repairs needed necessary to correct violations of the construction construction-related accessibility standards within or relating to the Premises identified by such inspection, at Tenant’s sole cost and Master Tenant can terminate this lease if it is determined, by Master Tenant that any repairs to correct violations would be too costly. expense.