Common use of Certified Access Specialist Clause in Contracts

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s sole cost and expense, by a CASp approved by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (b) the cost of making any improvements or repairs within the Premises, the Buildings or the Project to correct violations of construction-related accessibility standards shall be allocated as provided in Section 24.1 and 24.2 above.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

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Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s Landlord's reasonable rules and requirements; and (b) the Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 2 contracts

Samples: Oyster Point (Cytokinetics Inc), Lease (Cytokinetics Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil CodeCode Section 1938, Landlord hereby discloses to TenantTenant that, as of the Effective Date, to Landlord’s actual knowledge, the Current Premises and Tenant hereby acknowledges, that the Expansion Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Pursuant to California Civil Code Section 1938(e) of the California Civil Code), Landlord hereby states as followsfurther discloses to Tenant 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-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of Notwithstanding the foregoingforegoing and/or anything to the contrary contained in the Lease and/or this Third Amendment, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or and acknowledge that, in the event Tenant shall be conducted, at the requesting party’s sole cost and expense, by desires to obtain a CASp approved by Landlordinspection, subject to the non-requesting party’s reasonable rules and requirements; and (b) the cost of making any improvements or repairs within the Premises, the Buildings or the Project to correct violations of construction-related accessibility standards shall be allocated as provided in Section 24.1 and 24.2 above.then:

Appears in 2 contracts

Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (ai) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s Landlord's reasonable rules and requirements; (ii) Tenant, at its sole cost and (b) the cost of expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (iii) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or the Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Expansion Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved in advance by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (b) pursuant to Article 24 of the Lease, but subject to Section 10.2 of the Lease, Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Expansion Premises to correct violations of construction-related accessibility standards standards; and if anything done by or for Tenant in its use or occupancy of the Expansion Premises shall be allocated require any repairs to the Building (outside the Expansion Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 above.Additional Rent, for the cost to Landlord of performing such improvements or repairs. 

Appears in 1 contract

Samples: Lease (Pulse Biosciences, Inc.)

Certified Access Specialist. For purposes of NNRCSI discloses that to NNRCSI’s knowledge, neither the Building, the Premises nor the Sublet Space have undergone inspection by a Certified Access Specialist. Furthermore, pursuant to Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) NNRCSI notifies Asterias of the California Civil Code, Landlord hereby states as followsfollowing: “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 California 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 such CASp inspection, the payment of the fee costs and fees for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premisesSublet Space.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: Asterias agrees that (a) any CASp inspection requested by Landlord or Tenant shall be conductedAsterias may, at the requesting party’s its option and at its sole cost and expensecost, by cause a CASp approved by Landlordto inspect the Sublet Space and determine whether the Sublet Space complies with all of the applicable construction-related accessibility standards under California law, subject to the non-requesting party’s reasonable rules and requirements; and (b) the parties shall mutually coordinate and reasonably approve of the timing of any such CASp inspection so that NNRCSI and BMR may, at its option, have a representative present during such inspection, and (c) Asterias shall be solely responsible for the cost of making any improvements or repairs within the Premises, the Buildings or the Project necessary to correct violations of construction-related accessibility standards within the Sublet Space and Building identified by any such CASp inspection, any and all such alterations and repairs within the Sublet Space to be performed by Asterias shall be allocated as provided subject to BMR’s consent and in Section 24.1 and 24.2 aboveaccordance with the Master Lease.

Appears in 1 contract

Samples: Sublease Agreement (Asterias Biotherapeutics, Inc.)

Certified Access Specialist. For purposes of Section 1938 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (b) the pursuant to Section 7(b)(i) above, Tenant, at its sole cost of and expense, shall be responsible for making any improvements improvements, alterations or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and, if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall, at Landlord's option, either (i) perform such improvements, alterations or repairs at Tenant's sole cost and expense, or (ii) reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the out-of-pocket cost to Landlord of performing such improvements, alterations, or repairs.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil CodeCode and to Sublandlord’s actual knowledge, Landlord Sublandlord hereby discloses to TenantSubtenant, and Tenant Subtenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord 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-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord Sublandlord and Tenant Subtenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant Subtenant shall be conducted, at the requesting partySubtenant’s sole cost and expense, by a CASp approved in advance by Landlord, subject to the non-requesting party’s reasonable rules and requirementsSublandlord; and (b) the cost of parties rights and obligations with respect to making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards shall be allocated in accordance with Section 13 of the Master Lease (to the extent incorporated herein) and Sections 7.5 and 7.6 herein. The foregoing verification is included in this Sublease solely for the purpose of complying with California Civil Code Section 1938 and shall not in any manner affect Sublandlord’s and Subtenant’s respective responsibilities for compliance with construction-related accessibility standards as provided in Section 24.1 and 24.2 aboveunder this Sublease.

Appears in 1 contract

Samples: Lease (Okta, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the In accordance with California Civil CodeCode Section 1938, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have has not undergone inspection by a Certified Access Specialist (“CASp”)Specialist. As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, by their execution of the Lease, Landlord and Tenant hereby agree that, without limiting Tenant’s obligations to comply with Applicable Laws as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conductedprovided in this Lease, Tenant, at the requesting party’s its sole cost and expense, by a CASp approved by Landlordshall be solely responsible for making any improvements, subject alterations, modifications and/or repairs within or to the non-requesting party’s reasonable rules and requirements; and (b) the cost of making any improvements or repairs within the Premises, the Buildings or the Project Premises then required by Applicable Laws to correct violations of construction-related accessibility standards shall be allocated as provided in disclosed by any Tenant-performed CASp inspection, subject to the terms of Section 24.1 and 24.2 above7.3.

Appears in 1 contract

Samples: Office Lease (iRhythm Technologies, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord Sub-Sublandlord hereby discloses to TenantSub-Subtenant, and Tenant Sub-Subtenant hereby acknowledges, that the Real Property, the 331 Building and the Premises have not undergone inspection by a Certified Access Specialist (“CASp”)Specialist. As required by Section 1938(e) of the California Civil Code, Landlord Sub-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-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord Sub-Sublandlord and Tenant Sub-Subtenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant Sub-Subtenant shall be conducted, conducted at the requesting party’s Sub-Subtenant's sole cost and expense, expense by a CASp approved in advance by Landlord, subject to the nonSub-requesting party’s reasonable rules and requirementsSublandlord; and (b) the cost pursuant to this Section 14.13, if as a result of making any improvements anything done by -38- 300 XXXXXX XXXXX XXXXXXXXX. SUB-SUBLEASE – ASSEMBLY BIOSCIENCES or repairs within for Sub-Subtenant in its use or occupancy of the Premises, repairs to the Buildings or the Project Premises are required to correct violations of construction-related accessibility standards standards, then Sub-Subtenant, at its cost, shall be allocated responsible for making such repairs; and (c) pursuant to this Section 14.13, if as provided a result of anything done by or for Sub-Subtenant in Section 24.1 its use or occupancy of the Premises, repairs to the 331 Building (outside the Premises) to correct violations of construction-related accessibility standards, then Sub-Subtenant shall, at Sub-Sublandlord's option, either perform such repairs at Sub-Subtenant's sole cost and 24.2 aboveexpense or reimburse Sub-Sublandlord upon demand, as additional rent payable hereunder, for the cost to Sub-Sublandlord of performing such repairs.

Appears in 1 contract

Samples: Sub Sublease (Assembly Biosciences, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (ai) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s 's sole cost and expense, by a CASp approved by Landlord, subject to the non-requesting party’s 's reasonable rules and requirements; and (bii) the cost of Tenant's and Landlord's respective obligations for making any improvements or repairs within the Premises, the Buildings or the Project to correct violations of construction-related accessibility standards shall be allocated as provided set forth in Section Sections 24.1 and 24.2 above.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting partyTenant’s sole cost and expense, by a CASp approved in advance by Landlord, subject such approval not to the non-requesting party’s reasonable rules and requirementsbe unreasonably withheld, conditioned or delayed; and (b) the cost of pursuant to this Article 24, Tenant, at its cost, is responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and, if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require 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 provided Additional Rent, for the cost to Landlord of performing such repairs. The terms of this Section 24.2 do not amend or reduce the obligations of Landlord and Tenant set forth in Section 24.1 this Lease regarding compliance with Applicable Laws generally and 24.2 aboverepair and maintenance of the Premises and the Project or the initial construction of the Tenant Improvements pursuant to the Tenant Work Letter, but apply solely to the obligations of Landlord and Tenant in connection with Tenant’s election to conduct a CASp inspection hereunder.

Appears in 1 contract

Samples: Lease (Dynamics Special Purpose Corp.)

Certified Access Specialist. For purposes of Pursuant to Section 1938 of the California Civil Code, Landlord hereby discloses to Tenantadvises Tenant that as of the Effective Date of this Lease, and Tenant hereby acknowledges, that the Premises have has not undergone inspection by a Certified Access Specialist (a “CASp”)) during the Landlord’s ownership of the Project, nor, to Landlord’s actual knowledge (without any duty of inquiry, as of the Effective Date, prior to Landlord’s ownership of the Project. As required by Further, pursuant to Section 1938(e) 1938 of the California Civil Code, Landlord hereby states as followsnotifies Tenant of the following: “A Certified Access Specialist (CASp) can inspect the subject premises Premises and determine whether the subject premises 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 premisesPremises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises Premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the any such CASp inspection, the payment of the fee costs and fees for the CASp inspection, inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premisesPremises.” In furtherance of Therefore and notwithstanding anything to the foregoingcontrary contained in this Lease, Landlord and Tenant hereby agree as follows: that (a) any CASp inspection requested by Landlord or Tenant shall be conductedmay, at the requesting party’s its option and at its sole cost and expensecost, by cause a CASp approved by Landlordto inspect the Premises and determine whether the Premises complies with all of the applicable construction-related accessibility standards under California law, subject to the non-requesting party’s reasonable rules and requirements; and (b) the parties shall mutually coordinate and reasonably approve of the timing of any such CASp inspection so that Landlord may, at its option, have a representative present during such inspection, (c) Tenant shall be solely responsible for the cost of making any improvements or repairs within the Premises, the Buildings or the Project necessary to correct violations of construction-related accessibility standards within the Premises, any and all such alterations and repairs to be performed in accordance with Section 13.1 of this Lease, and (d) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such repairs.

Appears in 1 contract

Samples: Lease

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the The Premises have not undergone inspection by a Certified Access Specialist (“CASp,” as defined in California Civil Code Section 55.52). As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises Premises and determine whether the subject premises Premises comply with all of the applicable construction-related accessibility standards under state State law. Although state State law does not require a CASp Certified Access Specialist inspection of the subject premisesPremises, the commercial property owner or lessor Landlord may not prohibit the lessee or tenant Tenant from obtaining a CASp Certified Access Specialist inspection of the subject premises Premises for the occupancy or potential occupancy of the lessee or tenantTenant, if requested by the lessee or tenantTenant. The parties Landlord and Tenant shall mutually agree on the arrangements for the time and manner of the CASp Certified Access Specialist inspection, the payment of the fee for the CASp Certified Access Specialist inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance Premises. If Tenant requests to perform a CASp inspection of the foregoingPremises, Landlord and Tenant hereby agree as follows: (a) any shall, at its sole cost, retain a CASp inspection requested approved in writing by Landlord or (provided that Landlord may designate the CASp, at Landlord’s option) to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall be conductedprovide Landlord with a copy of any report or certificate issued by the CASp (the "CASp Report") and, notwithstanding anything to the contrary in the Lease, Tenant shall, at the requesting party’s its sole cost and expense, by a CASp approved by Landlord, subject promptly complete any modifications to the non-requesting party’s reasonable rules and requirements; and Premises or the Project (b) the cost of making provided that if any improvements or repairs within modifications are required to areas outside the Premises, Landlord may elect, in its sole discretion, to make such modifications and invoice Tenant for the Buildings or cost incurred by Landlord in connection with such modifications, which costs shall be reimbursed by Tenant as Additional Rent within ten (10) business days after invoicing) necessary to correct violations of construction related accessibility standards identified in the Project CASp Report, which modifications shall be performed in accordance with Article 7 of the Original Lease and will be deemed Alterations for all purposes under the Lease, including repair and maintenance. Landlord and Tenant agree that the immediately foregoing sentence represents Landlord’s and Tenant’s agreement with respect to the cost responsibility for making any repairs necessary to correct violations of construction-related accessibility standards shall be allocated within the Premises, as provided referenced in California Civil Code Section 24.1 and 24.2 above1938. Tenant agrees to keep the information in the CASp Report confidential except as necessary for the Tenant to complete such modifications.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist Specialists (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s Landlord's reasonable rules and requirements; and (b) the Tenant, at is sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or Project (outside the 795678.02/WLA376514-00007/1-28-19/ctl/ctl -42- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Office Lease (Penumbra Inc)

Certified Access Specialist. For purposes of Section 1938 of the Pursuant to California Civil CodeCode § 1938, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). As required by Pursuant to Section 1938(e) 1938 of the California Civil Code, Landlord hereby states as followsprovides the following notification to Tenant: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-construction related accessibility standards within the premises.” In furtherance " If Tenant requests to perform a CASp inspection of the foregoingPremises, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conductedshall, at the requesting party’s sole cost and expenseits cost, by retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord’s option) 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 (the "CASp Report") and Tenant shall, subject if it elects to the non-requesting party’s reasonable rules and requirements; and (b) the cost of making make such modifications, at its cost, promptly complete any improvements or repairs within the Premises, the Buildings or the Project modifications necessary to correct violations of construction-construction related accessibility standards shall be allocated identified in the CASp Report notwithstanding anything to the contrary in this Lease. Tenant agrees to keep the information in the CASp Report confidential except as provided in Section 24.1 and 24.2 abovenecessary for the Tenant to complete such modifications.

Appears in 1 contract

Samples: Single Tenant Lease (Biocept Inc)

Certified Access Specialist. For purposes This Section 13 is intended to comply with the terms of California Civil Code Section 1938 of which requires a commercial property owner or lessor to state the California Civil Codefollowing on every lease or rental agreement executed on or after January 1, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows2017: “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 CAS inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-construction related accessibility standards within the premises.” Pursuant to California Civil Code Section 1938, Landlord hereby advises Tenant that the Premises has not undergone an inspection by a CASp. In furtherance of accordance with the foregoing, Landlord and Tenant hereby agree as follows: (a) any that if Tenant requests a CASp inspection requested by Landlord or of the Premises, then Tenant shall be conductedpay (i) the fee for such inspection, at the requesting party’s sole cost and expense, by a CASp approved by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (bii) except as may be otherwise expressly provided in this Section 13, the cost of making any improvements or repairs within the Premises, the Buildings or the Project necessary to correct violations of construction-related accessibility standards shall within the Premises; for avoidance of doubt, if the results of any CASp inspection of the First Floor Expansion Premises show that the First Floor Expansion Premises was not delivered in Delivery Condition, then the responsibility to perform and to bear the cost of any necessary repairs to bring the First Floor Expansion Premises into Delivery Condition will be allocated as provided in Section 24.1 and 24.2 aboveborne by Landlord.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Expansion Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting partyTenant’s sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting partyLandlord’s reasonable rules and requirements; and (b) pursuant to Article 24 of the Lease, but subject to Section 10.2 of the Lease, Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Expansion Premises to correct violations of construction-related accessibility standards and if anything done by or for Tenant in its use or occupancy of the Expansion Premises shall be allocated require any repairs to the Building or Project (outside the Expansion Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Lease (Nkarta, Inc.)

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Certified Access Specialist. For purposes Tenant hereby waives any and all rights under and benefits of California Civil Code Section 1938 of and acknowledges that neither the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Project nor the Premises have not has undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code Section 55.52). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (b) the pursuant to Article 24 above, Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and, if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall, at Landlord's option, either (i) perform such improvements or repairs at Tenant's sole cost and expense, or (ii) reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have has not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting partyTenant’s sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting partyLandlord’s reasonable rules and requirements; and (b) the Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs. The foregoing is not intended to modify the parties’ respective obligations under Article 24 of the Office Lease.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil CodeCode and to Sublandlord’s actual knowledge, Landlord Sublandlord hereby discloses to TenantSubtenant, and Tenant Subtenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord 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-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord Sublandlord and Tenant Subtenant hereby agree as follows: (ai) any CASp inspection requested by Landlord or Tenant Subtenant shall be conducted, at the requesting partySubtenant’s sole cost and expense, by a CASp reasonably approved in advance by Landlord, subject to the non-requesting party’s reasonable rules and requirementsSublandlord; and (bii) the cost of parties’ rights and obligations with respect to making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards shall be allocated in accordance with the Master Lease (to the extent incorporated herein) and Section 14 above. The foregoing verification is included in this Sublease solely for the purpose of complying with California Civil Code Section 1938 and shall not in any manner affect Sublandlord’s and Subtenant’s respective responsibilities for compliance with construction-related accessibility standards as provided in Section 24.1 and 24.2 aboveunder this Sublease.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Premises have not nor the Building has undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 -8- 6340/6310/6290 SEQUENCE DRIVE[Expansion and Extension Amendment][DexCom, Inc.] inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (ai) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s Landlord's reasonable rules and requirements; (ii) Tenant, at its sole cost and (b) the cost of expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (iii) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or the Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises Premises, Building and Common Facilities have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (ai) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (bii) the cost of Tenant, at its sole cost, is responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards; and, if anything done by or for Tenant in its use or occupancy of the Premises shall require repairs to the Building (outside the Premises) and Common Facilities 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 cost to Landlord of performing such repairs. Tenant shall promptly deliver to Landlord any CASp report regarding the Premises obtained by Tenant. Tenant shall keep information contained in any CASp report regarding the Premises and/or Building confidential, except as may be necessary for Tenant or its agents to complete any repairs or correct violations with respect to the Premises. Tenant shall have no right to cancel or terminate the Lease due to violations of construction-related accessibility standards shall be allocated as provided within the Premises or at the Building identified in Section 24.1 and 24.2 aboveany CASp report.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Certified Access Specialist. For purposes Tenant hereby waives any and all rights under and benefits of California Civil Code Section 1938 of and acknowledges that neither the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that Project nor the Premises have not has undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code Section 55.52). As required by Section 1938(e) of the California Civil Code, Landlord hereby states as followsfellows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting partyTenant’s sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s reasonable rules and requirements; and (b) pursuant to Article 21 of the Original Lease, Tenant, at its sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and, if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall, at Landlord’s option, either (i) perform such improvements or repairs at Tenant’s sole cost and expense, or (ii) reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 above.Additional Rent, for the cost to Landlord of performing such improvements or repairs,

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s Tenant's sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting party’s Landlord's reasonable rules and requirements; and (b) the cost of Tenant's and Landlord's respective obligations for making any improvements or repairs within the Premises, the Buildings or the Project to correct violations of construction-related accessibility standards shall be allocated as provided set forth in Section Sections 24.1 and 24.2 above; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall require any improvements or repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such improvements or repairs. The terms of this Section 24.3 do not amend or reduce the obligations of Landlord and Tenant set forth in the Lease regarding compliance with Applicable Laws and repair and maintenance of the Premises and the Project, but apply solely to the obligations of Landlord and Tenant in connection with Tenant's election to conduct a CASp inspection hereunder.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that neither the Premises Premises, the Building nor the Common Areas have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the Pursuant to California Civil CodeCode Section 1938, Landlord Tenant is hereby states notified 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 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 construction-related accessibility standards within the premises.” In furtherance If Tenant requests to perform a CASp inspection of the foregoingPremises, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conductedshall, at the requesting party’s sole cost and expenseits cost, by retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord, subject ’s option) to perform the non-requesting party’s reasonable rules 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 (the “CASp Report”). Landlord and requirements; and (b) the cost of making Tenant agree that any improvements or repairs within the Premises, the Buildings or the Project modifications necessary to correct violations of construction-related accessibility standards identified in the CASp Report shall be allocated the responsibility of Tenant. Xxxxxx agrees to keep the information in the CASp Report confidential except as provided in Section 24.1 and 24.2 abovenecessary for the Tenant to complete such modifications.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the Pursuant to California Civil CodeCode § 1938, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). As required by Pursuant to Section 1938(e) 1938 of the California Civil Code, Landlord hereby states as followsprovides the following notification to Tenant: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-construction related accessibility standards within the premises.” In furtherance If Tenant requests to perform a CASp inspection of the foregoingPremises, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conductedshall, at the requesting party’s sole cost and expenseits cost, by retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord’s option) 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 (the “CASp Report”) and Tenant shall, subject to the non-requesting party’s reasonable rules and requirements; and (b) the cost of making at its cost, promptly complete any improvements or repairs within the Premises, the Buildings or the Project modifications necessary to correct violations of construction-construction related accessibility standards shall be allocated identified in the CASp Report, notwithstanding anything to the contrary in this Lease. Tenant agrees to keep the information in the CASp Report confidential except as provided in Section 24.1 and 24.2 abovenecessary for the Tenant to complete such modifications or as required by law, subpoena or other legal process.

Appears in 1 contract

Samples: Wm Technology, Inc.

Certified Access Specialist. Tenant hereby agrees to use reasonable efforts to notify Landlord if Tenant makes any Alterations or improvements to the Premises that might impact accessibility to the Premises or Building under any disability access laws. Landlord hereby agrees to use reasonable efforts to notify Tenant if Landlord makes any alterations or improvements to the Premises that might impact accessibility to the Premises or Building under any disability access laws. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting party’s 's sole cost and expense, by a CASp approved by Landlord, subject to the non-requesting party’s 's reasonable rules and requirements; and (b) the cost of making any improvements or repairs within the Premises, the Buildings or the Project to correct violations of construction-related accessibility standards shall be allocated as provided in Section 24.1 and 24.2 aboveabove or elsewhere in this Lease.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Certified Access Specialist. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist Specialists (CASp). As required by Section 1938(e) of the California Civil Code, 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 requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree as follows: (a) any CASp inspection requested by Landlord or Tenant shall be conducted, at the requesting partyTenant’s sole cost and expense, by a CASp approved designated by Landlord, subject to the non-requesting partyLandlord’s reasonable rules and requirements; and (b) the Tenant, at is sole cost of and expense, shall be responsible for making any improvements or repairs within the Premises, the Buildings or the Project Premises to correct violations of construction-related accessibility standards standards; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall be allocated require any improvements or repairs to the Building or Project (outside the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse Landlord upon demand, as provided in Section 24.1 and 24.2 aboveAdditional Rent, for the cost to Landlord of performing such improvements or repairs.

Appears in 1 contract

Samples: Lease (Penumbra Inc)

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