Common use of Civil Code Section 1938 Clause in Contracts

Civil Code Section 1938. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, the Building, and Suite 105E 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: (i) any CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp reasonably approved in advance by Landlord; and (ii) Tenant, at its cost, is responsible for making any repairs within Suite 10E to correct violations of construction-related accessibility standards disclosed by such CASp inspection, in accordance with the terms of Article 8 of the Original Lease. If any such CASp inspection indicates that repairs or modifications are required to cause the areas of the Building outside Suite 105E to comply with applicable construction-related accessibility standards, and are related to Tenant’s use of Suite 105E for normal, general office use, with normal occupancy densities (as reasonably determined by Landlord), and ▇▇▇▇▇▇▇▇’s failure to make such repairs or modifications would affect Tenant’s use of or occupancy of Suite 105E, then Landlord (or Tenant, if so elected by Landlord) shall make such repairs or modifications to the Building at Landlord’s sole cost. If any such repairs or modifications to the Building are required as a result of Tenant’s use of Suite 105E for other than normal, general office use, or by Tenant’s higher than normal occupancy density, then either (A) Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs, or (B) at Tenant’s option, Landlord shall not be required to make such repairs or modifications, but if Tenant so elects, then Tenant shall be required to modify its use and occupancy density of Suite 105E so as to comply with applicable construction-related accessibility standards without such repairs or modifications being made to the Building. If the failure to make such repairs or modifications would not affect Tenant’s use or occupancy of Suite 105E in accordance with Code, then Tenant shall not have the right to require Landlord to perform such work and Tenant shall not be responsible for the cost of performance of such work if performed by Landlord.

Civil Code Section 1938. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, the Building, the Existing Premises and Suite 105E the New 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: (i) any CASp inspection requested by Tenant prior to the New Premises Commencement Date shall pertain to the Existing Premises only; (ii) any CASp inspection requested by Tenant on or after the New Premises Commencement Date shall pertain to the New Premises only; (iii) any CASp inspection requested by Tenant shall be conducted, at Tenant's sole cost and expense, by a CASp reasonably approved in advance by Landlord; and (iiiv) Tenant, at its cost, is responsible for making any repairs within Suite 10E the Premises to correct violations of construction-related accessibility standards disclosed by such CASp inspection, in accordance with the terms of Article 8 of the Original Lease. If any such CASp inspection indicates that repairs or modifications are required to cause the areas of the Building outside Suite 105E the Premises to comply with applicable construction-related accessibility standards, and are related to Tenant’s use of Suite 105E the Premises for normal, general office use, with normal occupancy densities (as reasonably determined by Landlord), and ▇▇▇▇▇▇▇▇Landlord’s failure to make such repairs or modifications would affect Tenant’s use of or occupancy of Suite 105Ethe Premises, then Landlord (or Tenant, if so elected by Landlord) shall make such repairs or modifications to the Building at Landlord’s sole cost. If any such repairs or modifications to the Building are required as a result of Tenant’s use of Suite 105E the Premises for other than normal, general office use, or by Tenant’s higher than normal occupancy density, then either (A) Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs, or (B) at Tenant’s option, Landlord shall not be required to make such repairs or modifications, but if Tenant so elects, then Tenant shall be required to modify its use and occupancy density of Suite 105E so as to comply with applicable construction-related accessibility standards without such repairs or modifications being made to the Building. If the failure to make such repairs or modifications would not affect Tenant’s use or occupancy of Suite 105E in accordance with Code, then Tenant shall not have the right to require Landlord to perform such work and Tenant shall not be responsible for the cost of performance of such work if performed by Landlord.LEGAL\45488233\8

Civil Code Section 1938. For purposes of Civil Code Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, the Building, and Suite 105E 1938. The Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the The following notice is given pursuant to California Civil Code, Landlord hereby states as followsCode Section 1938: “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: (i) any that if Tenant elects to perform a CASp inspection requested by of the Premises, Tenant will provide written notice to Landlord, and Landlord may elect, in Landlord’s sole discretion, to retain a CASp to perform the inspection. If Landlord does not so elect, the time and manner of the CASp inspection is subject to the prior written approval of Landlord. In either event, the payment of the fee for the CASp inspection shall be conducted, at borne by Tenant's sole . The cost and expense, by a CASp reasonably approved in advance by Landlord; and (ii) Tenant, at its cost, is responsible for of making any repairs within Suite 10E necessary to correct violations of construction-related accessibility standards disclosed by such CASp inspection, within the Premises shall be allocated as provided in accordance with the terms of Article 8 Section 5 of the Original Lease. If any such CASp inspection indicates that repairs or modifications are required to cause the areas of the Building outside Suite 105E to comply with applicable construction-related accessibility standards, and are related to Tenant’s use of Suite 105E for normal, general office use, with normal occupancy densities (as reasonably determined by Landlord), and ▇▇▇▇▇▇▇▇’s failure to make such repairs or modifications would affect Tenant’s use of or occupancy of Suite 105E, then Landlord (or Tenant, if so elected by Landlord) shall make such repairs or modifications to the Building at Landlord’s sole cost. If any such repairs or modifications to the Building are required as a result of Tenant’s use of Suite 105E for other than normal, general office use, or by Tenant’s higher than normal occupancy density, then either (A) Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs, or (B) at Tenant’s option, Landlord shall not be required to make such repairs or modifications, but if Tenant so elects, then Tenant shall be required to modify its use and occupancy density of Suite 105E so as to comply with applicable construction-related accessibility standards without such repairs or modifications being made to the Building. If the failure to make such repairs or modifications would not affect Tenant’s use or occupancy of Suite 105E in accordance with Code, then Tenant shall not have the right to require Landlord to perform such work and Tenant shall not be responsible for the cost of performance of such work if performed by Landlord.

Civil Code Section 1938. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Project, the Building, and Suite 105E The Subleased Premises have not been issued a disability access inspection certificate or undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the The following notice is given pursuant to California Civil Code, Landlord hereby states as followsCode Section 1938: “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 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 Sublandlord and Subtenant hereby agree that if Subtenant elects to perform a CASp inspection of the foregoingSubleased Premises, Landlord Subtenant will provide written notice to Sublandlord, and Tenant hereby agree as follows: (i) any Sublandlord may elect, in Sublandlord’s reasonable discretion, to retain a CASp to perform the inspection. If Sublandlord does not so elect, the time and manner of the CASp inspection requested by Tenant is subject to the prior written approval of Sublandlord. In either event, the payment of the fee for the CASp inspection shall be conducted, at Tenant's sole borne by Subtenant. The cost and expense, by a CASp reasonably approved in advance by Landlord; and (ii) Tenant, at its cost, is responsible for of making any repairs within Suite 10E necessary to correct violations of construction-related accessibility standards disclosed by such CASp inspection, in accordance with within the terms of Article 8 of the Original Lease. If any such CASp inspection indicates that repairs or modifications are required to cause the areas of the Building outside Suite 105E to comply with applicable construction-related accessibility standards, and are related to Tenant’s use of Suite 105E for normal, general office use, with normal occupancy densities (as reasonably determined by Landlord), and ▇▇▇▇▇▇▇▇’s failure to make such repairs or modifications would affect Tenant’s use of or occupancy of Suite 105E, then Landlord (or Tenant, if so elected by Landlord) shall make such repairs or modifications to the Building at Landlord’s sole cost. If any such repairs or modifications to the Building are required as a result of Tenant’s use of Suite 105E for other than normal, general office use, or by Tenant’s higher than normal occupancy density, then either (A) Tenant shall, at Landlord's option, either perform such repairs at Tenant's sole cost and expense or reimburse Landlord upon demand, as Additional Rent, for the cost to Landlord of performing such repairs, or (B) at Tenant’s option, Landlord shall not be required to make such repairs or modifications, but if Tenant so elects, then Tenant Premises shall be required to modify its use and occupancy density of Suite 105E so as to comply with applicable construction-related accessibility standards without such repairs or modifications being made to the Building. If the failure to make such repairs or modifications would not affect Tenant’s use or occupancy of Suite 105E in accordance with Code, then Tenant shall not have the right to require Landlord to perform such work and Tenant shall not be responsible for the cost of performance of such work if performed borne by LandlordSubtenant.