Common use of CASp Clause in Contracts

CASp. For purposes of Section 1938 of the California Civil Code, Lessor hereby discloses to Lessee, and Lessee hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 states: "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 required 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 standard within the premises." Notwithstanding anything to the contrary in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for (i) the payment of the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee's cost, any repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Premises that Lessee agrees to undertake. Lessee shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises identified in a CASp report obtained during the Term of the Lease.

Appears in 2 contracts

Samples: Lease (Grail, Inc.), Lease (Grail, Inc.)

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CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything ” In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the contrary matters described in this Lease, Lessor and Lessee hereby agree that, during the term last sentence of this Lease, as the same may be extended, Lessee shall be responsible for foregoing notice): (i) Tenant shall have the one-time right to make a request for and obtain a CASp inspection of the Premises (“Tenant CASp Inspection”); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), (b) only after 10 days’ prior written notice to Landlord, (c) by a CASp designated by Landlord and without any damage to the Premises or Project, and (d) at Tenant’s expense, including, without limitation, Tenant’s payment of the fee for the Tenant CASp Inspection, and the fee for any reports prepared by the CASp in connection with the Tenant CASp Inspection (collectively, the “CASp Reports”); (iii) Tenant shall deliver a copy of any CASp inspection that Lessee desiresReports to Landlord within 3 business days after Tenant’s receipt thereof; (iv) Tenant, at its expense, shall be responsible for making any improvements, alterations and/or repairs to or within the Premises (other than to the structural portions of the Building, except to the extent the structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (iiv) makingif the Tenant CASp Inspection identifies any improvements, at Lessee's cost, any alterations and/or repairs necessary to correct violations of construction-related accessibility standards within relating to (a) those items of the Project located outside the Premises provided that such repairs shall be in accordance with the terms and/or (b) any structural portions of the Lease. Lessee hereby agrees that: any CASp inspecting Building that are Landlord’s obligation to perform as set forth in the Premises Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall be selected perform such work as and to the extent required by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidentialApplicable Laws, and, except as may be necessary provided in the next paragraph of this Section 16, Tenant shall reimburse Landlord for Lessee the cost of such work within 30 days after Tenant’s receipt of Landlord’s invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or its agents to complete any repairs or correct violations with respect (2) a notice from a governmental authority, then (x) clause (i) and, to the Premises extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant’s reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that Lessee agrees to undertake. Lessee payment of costs for any work required by such inspection shall have no right to cancel or terminate be governed by the provisions of the Lease due applicable to violations compliance of construction-related accessibility standards within the Premises identified in a CASp report obtained during and the Term of the LeaseProject with Applicable Laws.

Appears in 1 contract

Samples: Lease (CoreSite Realty Corp)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledgeneither the Premises, the Premises Building, nor the Project, have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything to the contrary In furtherance of and in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for 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, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws 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, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before the Lease 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, Building or Project 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 inspection that Lessee desiresReports to Landlord within two (2) 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 (iiE) makingif such CASp inspection identifies any improvements, at Lessee's costalterations, any modifications and/or repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms relating to those items of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: Building and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to Project located outside the Premises that Lessee agrees are Landlord's obligation to undertake. Lessee repair as expressly set forth herein, then Landlord shall have no right perform such improvements, alterations, modifications and/or repairs as and to cancel or terminate the Lease due extent required by applicable Laws to violations correct such violations, and Tenant shall reimburse Landlord for the cost of construction-related accessibility standards such improvements, alterations, modifications and/or repairs within the Premises identified in a CASp report obtained during the Term ten (10) business days after Tenant's receipt of the Leasean invoice therefor from Landlord.

Appears in 1 contract

Samples: Office Lease (Allied Esports Entertainment, Inc.)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything to the contrary In furtherance of and in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for 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, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws 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, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before the Lease 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, Building or Project 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 inspection that Lessee desiresReports to Landlord within two (2) 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 (iiE) makingif such CASp inspection identifies any improvements, at Lessee's costalterations, any modifications and/or repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms relating to those items of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: Building and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to Project located outside the Premises that Lessee agrees are Landlord's obligation to undertake. Lessee repair as set forth in this Lease, then Landlord shall have no right perform such improvements, alterations, modifications and/or repairs as and to cancel or terminate the Lease due extent required by applicable Laws to violations correct such violations, and Tenant shall reimburse Landlord for the cost of construction-related accessibility standards such improvements, alterations, modifications and/or repairs within the Premises identified in a CASp report obtained during the Term ten (10) business days after Tenant's receipt of the Leasean invoice therefor from Landlord.

Appears in 1 contract

Samples: Office Lease (Collectors Universe Inc)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the contrary matters described in this Lease, Lessor and Lessee hereby agree that, during the term last sentence of this Lease, as the same may be extended, Lessee shall be responsible for foregoing notice): (i) Tenant shall have the one-time right to make a request for and obtain a CASp inspection of the Premises ("Tenant CASp Inspection"); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), (b) only after 10 days' prior written notice to Landlord, (c) by a CASp designated by Landlord and without any damage to the Premises or Project, and (d) at Tenant's expense, including, without limitation, Tenant's payment of the fee for the Tenant CASp Inspection, and the fee for any reports prepared by the CASp in connection with the Tenant CASp Inspection (collectively, the "CASp Reports"); (iii) Tenant shall deliver a copy of any CASp inspection that Lessee desiresReports to Landlord within 3 business days after Tenant's receipt thereof; (iv) Tenant, at its expense, shall be responsible for making any improvements, alterations and/or repairs to or within the Premises (other than to the structural portions of the Building, except to the extent the structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (iiv) makingif the Tenant CASp Inspection identifies any improvements, at Lessee's cost, any alterations and/or repairs necessary to correct violations of construction-related accessibility standards within relating to (a) those items of the Project located outside the Premises provided that such repairs shall be in accordance with the terms and/or (b) any structural portions of the Lease. Lessee hereby agrees that: any CASp inspecting Building that are Landlord's obligation to perform as set forth in the Premises Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall be selected perform such work as and to the extent required by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidentialApplicable Laws, and, except as may be necessary provided in the next paragraph of this Section 3, Tenant shall reimburse Landlord for Lessee the cost of such work within 30 days after Tenant's receipt of Landlord's invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or its agents to complete any repairs or correct violations with respect (2) a notice from a governmental authority, then (x) clause (i) and, to the Premises extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant's reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that Lessee agrees to undertake. Lessee payment of costs for any work required by such inspection shall have no right to cancel or terminate be governed by the provisions of the Lease due applicable to violations compliance of construction-related accessibility standards within the Premises identified in a CASp report obtained during and the Term of the LeaseProject with Applicable Laws.

Appears in 1 contract

Samples: Lease (CoreSite Realty Corp)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises and the Expansion Space have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything to the contrary In furtherance of and in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for 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 Existing Premises, the Expansion Space, the Building, and/or the Project to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws 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, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before the Suite 500 Expansion 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 Existing Premises, the Expansion Space, the Building or the Project in any way, (4) in accordance with all of the provisions of the 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; (E) any information generated by the CASp inspection that Lessee desiresand/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 law or by regulatory or judicial process; (F) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within the Existing Premises or the Expansion Space to correct violations of construction-related accessibility standards, including, without limitation, any violations disclosed by such CASp inspection; and (iiG) makingif such CASp inspection identifies any improvements, at Lessee's costalterations, any modifications and/or repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms relating to those items of the Building and/or the Project located outside the Existing Premises or the Expansion Space that are Landlord's obligation to repair as set forth in the Lease. Lessee hereby agrees that: any CASp inspecting the Premises , then Landlord shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: perform such improvements, alterations, modifications and/or repairs as and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Premises that Lessee agrees extent required by applicable laws to undertake. Lessee correct such violations, and Tenant shall have no right to cancel or terminate reimburse Landlord for the Lease due to violations cost of construction-related accessibility standards such improvements, alterations, modifications and/or repairs within the Premises identified in a CASp report obtained during the Term ten (10) business days after Tenant's receipt of the Leasean invoice therefor from Landlord.

Appears in 1 contract

Samples: Lease (Achaogen Inc)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything In furtherance of and in connection with such notice, Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the contrary matters described in this Lease, Lessor and Lessee hereby agree that, during the term last sentence of this Lease, as the same may be extended, Lessee shall be responsible for foregoing notice): (i) Tenant shall have the one-time right to make a request for and obtain a CASp inspection of the Premises ("Tenant CASp Inspection"); (ii) the Tenant CASp Inspection shall be conducted (a) during the Building Hours (as defined in the Original Lease), (b) only after 10 days' prior written notice to Landlord, (c) by a CASp designated by Landlord and without any damage to the Premises or Project, and (d) at Tenant's expense, including, without limitation, Tenant's payment of the fee for the Tenant CASp Inspection, and the fee for any reports prepared by the CASp in connection with the Tenant CASp Inspection (collectively, the "CASp Reports"); (iii) Tenant shall deliver a copy of any CASp inspection that Lessee desiresReports to Landlord within 3 business days after Tenant's receipt thereof; (iv) Tenant, at its expense, shall be responsible for making any improvements, alterations and/or repairs to or within the Premises (other than to the structural portions of the Building, except to the extent the structural modification is required as a result of Tenant’s operations in or improvements to the Premises) to correct violations of construction-related accessibility standards disclosed by the Tenant CASp Inspection as and to the extent required by Applicable Laws; and (iiv) makingif the Tenant CASp Inspection identifies any improvements, at Lessee's cost, any alterations and/or repairs necessary to correct violations of construction-related accessibility standards within relating to (a) those items of the Project located outside the Premises provided that such repairs shall be in accordance with the terms and/or (b) any structural portions of the Lease. Lessee hereby agrees that: any CASp inspecting Building that are Landlord's obligation to perform as set forth in the Premises Lease (except to the extent structural modifications are required as a result of Tenant’s operations in or improvements to the Premises), then Landlord shall be selected perform such work as and to the extent required by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidentialApplicable Laws, and, except as may be necessary provided in the next paragraph of this Section, Tenant shall reimburse Landlord for Lessee the cost of such work within 30 days after Tenant's receipt of Landlord's invoice therefor. The parties hereby agree that if a CASp inspection is required to be obtained by Tenant by (1) a court order in a legal action initiated against Tenant or its agents to complete any repairs or correct violations with respect (2) a notice from a governmental authority, then (x) clause (i) and, to the Premises extent in conflict which such court order or notice, clause (ii) of the immediately preceding paragraph shall not apply to such inspection, and (y) Tenant's reimbursement obligations set forth in clause (v) of the immediately preceding paragraph shall not apply, it being agreed that Lessee agrees to undertake. Lessee payment of costs for any work required by such inspection shall have no right to cancel or terminate be governed by the provisions of the Lease due applicable to violations compliance of construction-related accessibility standards within the Premises identified in a CASp report obtained during and the Term of the LeaseProject with Applicable Laws.

Appears in 1 contract

Samples: Sublease (CoreSite Realty Corp)

CASp. For purposes of Section 1938 of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledgethe Project, the Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection As required by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date Section 1938(e) of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52Code, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesLandlord 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-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 required 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 standard standards within the premises." Notwithstanding anything to In furtherance of the contrary in this Leaseforegoing, Lessor Landlord and Lessee Tenant hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for follows: (ia) the payment of the fee for any CASp inspection that Lessee desiresrequested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp approved in advance by Landlord, while any CASp inspection initiated by Landlord shall be conducted, at Landlord's sole cost and expense, by a CASp designated by Landlord; and (iib) makingwith respect to improvements or repairs required to correct violations discovered during a CASp inspection initiated by Tenant, pursuant to this Section 13 above, Tenant, at Lessee's its cost, is responsible for making any repairs necessary within the Premises to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be standards; and, if anything done by Tenant or at Tenant's direction in accordance with the terms its use or occupancy of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver require repairs to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding Building (outside the Premises confidential, except as may be necessary for Lessee or its agents Premises) to complete any repairs or correct violations with respect 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 cost to Landlord of performing such repairs, provided that Landlord shall be solely responsible for the Premises that Lessee agrees costs of performing such improvements or repairs to undertake. Lessee shall have no right to cancel or terminate the Lease due to correct such violations of construction-related accessibility standards within the Premises identified in if such violations were discovered during a CASp report obtained during the Term of the Leaseinspection initiated by Landlord.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

CASp. For purposes of Section 1938 of the California Civil CodeCode and to Sublessor’s actual knowledge, Lessor Sublessor hereby discloses to LesseeSublessee, and Lessee Sublessee hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection As required by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date Section 1938(e) of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52Code, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesSublessor 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-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 CA Sp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if required 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 standard standards within the premises." Notwithstanding anything to ” In furtherance of the contrary in this Leaseforegoing, Lessor Sublessor and Lessee Sublessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for follows: (i) the payment of the fee for any CASp inspection that Lessee desiresrequested by Sublessee shall be conducted, at Sublessee’s sole cost and expense, by a CASp reasonably approved in advance by Sublessor; and (ii) making, at Lessee's cost, the parties’ rights and obligations with respect to making any repairs necessary within the Subleased Premises to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms Master Lease (to the extent incorporated herein). The foregoing verification is included in this Sublease solely for the purpose of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises complying with California Civil Code Section 1938 and shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained not in any CASp report regarding the Premises confidential, except as may be necessary manner affect Sublessor’s and Sublessee’s respective responsibilities for Lessee or its agents to complete any repairs or correct violations compliance with respect to the Premises that Lessee agrees to undertake. Lessee shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises identified in a CASp report obtained during the Term of the Leaseas provided under this Sublease.

Appears in 1 contract

Samples: Sublease (Apollomics Inc.)

CASp. For purposes of Section 1938 of the Pursuant to California Civil CodeCode Section 1938, Lessor Landlord hereby discloses to Lessee, and Lessee hereby acknowledges, notifies Tenant that (check one): ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution as of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have has not undergone inspection by a “ Certified Access Specialist” (“CASp. ☐ To Lessor's actual knowledge, ”) to determine whether the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction meet all applicable construction-related accessibility standardsstandards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil Code Section 1938 statesas follows: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if required 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 standard standards within the premises." Notwithstanding anything ” Landlord and Tenant hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder, such CASp inspection shall be performed at Tenant’s sole cost and expense and Tenant shall be solely responsible for the cost of any repairs, upgrades, alterations and/or modifications to the contrary in this Lease, Lessor and Lessee hereby agree that, during Premises or the term of this Lease, as the same may be extended, Lessee shall be responsible for (i) the payment of the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee's cost, any repairs Building necessary to correct any such violations of construction-related accessibility standards identified by such CASp inspection as required by Regulation, which repairs, upgrades, alterations and/or modifications may, at Landlord’s option, be performed by Landlord at Tenant’s expense, payable as Additional Rent within the Premises provided that such repairs shall be in accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Premises that Lessee agrees to undertake. Lessee shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Premises identified in a CASp report obtained during the Term of the Leaseten (10) days following Landlord’s demand.

Appears in 1 contract

Samples: Lease (Cardiva Medical, Inc.)

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CASp. For purposes of Section 1938 of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a Certified Access Specialists (CASp). ☐ To Lessor's actual knowledge, As required by Section 1938(e) of the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode, 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-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 required 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 standard standards within the premises." Notwithstanding anything to ” In furtherance of the contrary in this Leaseforegoing, Lessor Landlord and Lessee Tenant hereby agree thatas follows: (a) any CASp inspection requested by Tenant shall be conducted, during the term of this Leaseat Tenant's sole cost and expense, as the same may be extendedby a CASp designated by Landlord, Lessee subject to Landlord's reasonable rules and requirements; (b) Tenant, at its sole cost and expense, shall be responsible for (i) making any improvements or repairs within the payment of Existing Premises or the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee's cost, any repairs necessary Remaining Premises to correct violations of construction-related accessibility standards within standards; and (c) if Tenant in fact requests such CASp inspection and the Premises provided that results of such CASp inspection shall require any improvements or repairs shall be in accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Building or Project (outside the Existing Premises that Lessee agrees or the Remaining Premises, as applicable) to undertake. Lessee shall have no right to cancel or terminate the Lease due to correct violations of construction-related accessibility standards within standards, then Tenant shall reimburse Landlord upon demand, as Additional Rent, for the Premises identified in a CASp report obtained during the Term cost to Landlord of the Leaseperforming such improvements or repairs.

Appears in 1 contract

Samples: Lease Termination Agreement (Amn Healthcare Services Inc)

CASp. For purposes of Pursuant to Section 1938 of the California Civil Code, Lessor Sublandlord hereby discloses to Lessee, and Lessee hereby acknowledges, advises Subtenant that (check one): ☐ To Lessor's actual knowledgei) the Sublease Premises, the Premises as delivered to Subtenant, have not undergone an inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior , and (ii) to the execution of this Lease and, to the best of Lessor's Sublandlord’s actual knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have 12790 Building has not undergone an inspection by a CASp. ☐ To Lessor's actual knowledgeSublandlord makes no representations or warranties with respect to the Sublease Premises or 12790 Building complying with any applicable federal, state and local standards, codes, rules and regulations governing physical access for persons with disabilities at places of public accommodation, including, but not limited to, the Premises have undergone inspection by a CASp butADA, California 12790 Building Standards Code, or California Health and Safety Code. The following disclosure is made pursuant to § 1938 of the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode, which provides: "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 required 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 standard standards within the premisesSublease Premises." Notwithstanding anything the foregoing, if Subtenant elects to the contrary in this Leasecause a CASp inspection, Lessor and Lessee hereby agree that, during the term of this Lease, as then the same may will be extended, Lessee shall be responsible for (i) the payment of the fee for any CASp inspection that Lessee desiresperformed at Subtenant’s sole cost and expense, and (ii) making, at Lessee's cost, the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to the Premises that Lessee agrees to undertake. Lessee shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards within the Sublease Premises identified in a such CASp report obtained during the Term of the Lease.will be at Subtenant’s cost and expense

Appears in 1 contract

Samples: Sublease Agreement (Ventyx Biosciences, Inc.)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledgeneither the Premises, the Premises Building, nor the Project, have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything to the contrary ” In furtherance of and in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for 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, Building and/or Project to the extent permitted by applicable Laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable Laws 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, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before the Lease 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, Building or Project 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 inspection that Lessee desiresReports to Landlord within two (2) 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 (iiE) makingif such CASp inspection identifies any improvements, at Lessee's costalterations, any modifications and/or repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms relating to those items of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: Building and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to Project located outside the Premises that Lessee agrees are Landlord’s obligation to undertake. Lessee repair as expressly set forth herein, then Landlord shall have no right perform such improvements, alterations, modifications and/or repairs as and to cancel or terminate the Lease due extent required by applicable Laws to violations correct such violations, and Tenant shall reimburse Landlord for the cost of construction-related accessibility standards such improvements, alterations, modifications and/or repairs within the Premises identified in a CASp report obtained during the Term ten (10) business days after Tenant’s receipt of the Leasean invoice therefor from Landlord.

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, Inc.)

CASp. For purposes of Section 1938 of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this Lease, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already provided pursuant to the foregoing sentence, within seven (7) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Expansion Premises have not undergone inspection by a Certified Access Specialists (CASp). ☐ To Lessor's actual knowledge, As required by Section 1938(e) of the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode, Landlord hereby states as follows: "‘‘A Certified Cettified 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 Jaw 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 required 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 standard standards within the premises." Notwithstanding anything to ’’ In furtherance of the contrary in this Leaseforegoing, Lessor Landlord and Lessee Tenant hereby agree thatas follows: (a) any CASp inspection requested by Tenant shall be conducted, during the term of this Leaseat Tenant's sole cost and expense, as the same may be extendedby a CASp designated by Landlord, Lessee subject to Landlord's reasonable rules and requirements; (b) Tenant, at its sole cost and expense, shall be responsible for (i) making any improvements or repairs within the payment of the fee for any CASp inspection that Lessee desires, and (ii) making, at Lessee's cost, any repairs necessary Expansion Premises to correct violations of construction-related accessibility standards within relating to the Premises provided that such repairs shall be Tenant Improvements or any Alterations; and (c) if anything done by of for Tenant in accordance with the terms its use or occupancy of the Lease. Lessee hereby agrees that: any CASp inspecting the Expansion Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor require any CASp report regarding the Premises obtained by Lessee: and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee improvements or its agents to complete any repairs or correct violations with respect to the Premises that Lessee agrees Building or Project (outside the Expansion Premises) to undertake. Lessee shall have no right to cancel or terminate the Lease due to correct violations of construction-related accessibility standards within standards, then Tenant shall reimburse Landlord upon demand, as Additional Rent, for the Premises identified in a CASp report obtained during the Term cost to Landlord of the Leaseperforming such improvements or repairs.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

CASp. For purposes of Section 1938 1938(a) of the California Civil Code, Lessor Landlord hereby discloses to LesseeTenant, and Lessee Tenant hereby acknowledges, that (check one): ☐ To Lessor's actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (CASp). If the Premises have undergone inspection by a CASp prior to the execution of this Lease and, to the best of Lessor's knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of this Lease which have impacted the Premises' compliance with construction-related accessibility standards, Section 1938 requires Lessor to provide to Lessee, prior to execution of this Lease, a copy of any report prepared by the CASp. If, prior to the date of this LeaseIn addition, the Premises were issued an inspection report by a CASp indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of California Civil Code Section 55.52, Lessor following notice is required to provide a copy of the current disability access inspection certificate and any inspection report to Lessee that was not already hereby provided pursuant to the foregoing sentence, within seven (7Section 1938(e) days of the date of the execution of this Lease. ☒ To Lessor's actual knowledge , the Premises have not undergone inspection by a CASp. ☐ To Lessor's actual knowledge, the Premises have undergone inspection by a CASp but, to the best of Lessor's knowledge, there have been intervening modifications or alterations completed or commenced which have impacted the Premises compliance with construction related accessibility standards. California Civil Code Section 1938 statesCode: "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 required 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 standard standards within the premises." Notwithstanding anything to the contrary In furtherance of and in this Lease, Lessor and Lessee hereby agree that, during the term of this Lease, as the same may be extended, Lessee shall be responsible for 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, Building and/or Project to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws 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, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before the Lease 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, Building or Project 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 inspection that Lessee desiresReports to Landlord within two (2) 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 (iiE) makingif such CASp inspection identifies any improvements, at Lessee's costalterations, any modifications and/or repairs necessary to correct violations of construction-related accessibility standards within the Premises provided that such repairs shall be in accordance with the terms relating to those items of the Lease. Lessee hereby agrees that: any CASp inspecting the Premises shall be selected by Lessor; Lessee shall promptly deliver to Lessor any CASp report regarding the Premises obtained by Lessee: Building and Lessee shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Lessee or its agents to complete any repairs or correct violations with respect to Project located outside the Premises that Lessee agrees are Landlord's obligation to undertake. Lessee repair as set forth in Section 7.2 above, then Landlord shall have no right perform such improvements, alterations, modifications and/or repairs as and to cancel or terminate the Lease due extent required by applicable laws to violations correct such violations, and Tenant shall reimburse Landlord for the cost of construction-related accessibility standards such improvements, alterations, modifications and/or repairs within the Premises identified in a CASp report obtained during the Term ten (10) business days after Tenant's receipt of the Leasean invoice therefor from Landlord.

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

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