Condition of Substitution Space. Tenant has inspected the Substitution Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment, including the Work Letter attached hereto as Exhibit B. Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act with respect to the Common Areas of the Building, including any Common Areas on the 3rd floor of the Building where the Substitution Space is located. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant’s business in the Substitution Space (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Substitution Space, any repairs, alterations, additions or improvements performed by or on behalf of Tenant and any design or configuration of the Substitution Space specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the ADA.
Appears in 1 contract
Sources: Lease Agreement (Ziprealty Inc)
Condition of Substitution Space. Tenant has inspected the Substitution Space and agrees to accept the same “as is” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements, except as may be expressly provided otherwise in this Amendment. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to remove the vault currently existing in the Substitution Space. Notwithstanding anything to the contrary set forth in the Lease, including the Work Letter attached hereto as Exhibit B. Landlordamended hereby, at its sole cost and expense (except to the extent properly included caused by Tenant or any of the Tenant’s Agents, the base Building electrical, heating, ventilation and air conditioning, mechanical and plumbing systems servicing the Substitution Space shall be in Expenses)good and working order as of the date Landlord delivers possession of the Substitution Space to Tenant. If the foregoing are not in good and working order as provided above, Landlord shall be responsible for correcting any violations of Title III of repairing or restoring same at its cost and expense, provided that Tenant has delivered written notice thereof to Landlord not later than thirty (30) days following the Americans with Disabilities Act date substantially completes the Tenant Improvements with respect to the Common Areas of the Building, including any Common Areas on the 3rd floor of the Building where the Substitution Space is located. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgmentSpace. Notwithstanding the foregoing, Tenant, and not Landlord, shall be responsible responsible, at its cost, for any repairs or the correction of any violations defects that arise out of or in connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant’s business in the Substitution Space (other than general office use)business, the acts or omissions of Tenant or any Tenant, its agents, employees or contractors’s Agents, Tenant’s arrangement of any furniture, equipment or other property in the Substitution Space, any repairs, alterations, additions or improvements performed by or on behalf of Tenant including the Tenant Improvements (defined below), and any design or configuration of the Substitution Space created by or for Tenant which specifically requested by Tenant after being informed that results in the need for such design or configuration may not be repair to the correction of such defect in strict compliance with the ADAbase Building systems in the Substitution Space.
Appears in 1 contract