Common use of DISABILITIES ACT Clause in Contracts

DISABILITIES ACT. The parties acknowledge that the Americans With ---------------- Disabilities Act of 1990 (42 U.S.C. (S) 1210 et seq.) and regulations and guidelines promulgated thereunder ("ADA"), and any similarly motivated state and local laws ("Local Barriers Act"), as the same may be amended and supplemented from time to time (collectively referred to herein as the "Disabilities Acts") establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply too the Premises, Building or Property depending on, among other things: (i) whether the Tenant's business is deemed a "public accommodation" or "commercial facility", (ii) whether such requirements are "readily achievable", and (iii) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The Landlord and the Tenant hereby agree that: (a) the Landlord shall perform any required ADA Title II and related Local Barriers Acts compliance in the common areas of the Building, except as provided below, (b) the Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in the Premises, and (c) the Landlord may perform, or require the Tenant to perform, and the Tenant shall be responsible for the cost of, ADA Title III and related Local Barriers Acts "path of travel" and other requirements triggered by any public accommodation or other use of, or alterations in the Premises, and (d) the Tenant shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to the Tenant's employees, and the Landlord shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to the Landlord's employees.