Common use of DISABILITIES ACTS Clause in Contracts

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder (“ADA”), and any similarly motivated state and local Laws (“Local Barriers Acts”), 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 to the Premises and Property depending on, among other things: (i) whether 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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Acts compliance in the common areas, except as provided below, (b) Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in the Premises, and (c) Landlord may perform, or require that Tenant perform, and 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. Tenant shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Tenant’s employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Landlord’s employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) and regulations and guidelines promulgated thereunder (“ADA”), and any similarly motivated state and local Laws (“Local Barriers Acts”)Laws, 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 to the Premises Premises, Building and Property depending on, among other things: (i) whether 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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the common areasareas and with respect to any structural components of the Building, except as provided below, herein; (b) Tenant shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the Premises, as well as any required Disabilities Acts compliance in the common areas that are Tenant’s obligation to perform under Section 8(A), and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III and related Local Barriers Disabilities Acts “path of travel’ ” and other requirements triggered by any public accommodation or other use of, or alterations in, the PremisesPremises by Tenant. Tenant shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Tenant’s employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Landlord’s employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) and regulations and guidelines promulgated thereunder (“ADA”), and any similarly motivated state and local Laws (“Local Barriers Acts”)Laws, 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 to the Premises Premises, Building and Property depending on, among other things: (i) whether 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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the common areasCommon Areas, except as provided below, (b) Tenant shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the Premises, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III and related Local Barriers Disabilities Acts “path of travel’ ” and other requirements triggered by any public accommodation or other use of, or alterations in, the PremisesPremises by Tenant. Tenant shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Tenant’s employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Landlord’s employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder (“"ADA”"), and any similarly motivated state and local Laws (“"Local Barriers Acts”"), 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 to the Premises and Property Building depending on, among other things: (i) whether Tenant’s '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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Acts compliance in the common areas, and the Building and Premises generally except as provided belowherein, (b) Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in the Premises related to or arising from Tenant's particular use or occupancy of the Premises, or the condition of the Premises as kept by Tenant, and (c) Landlord may perform, or require that Tenant perform, and 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 alterations in the Premises made by, at the request or other use of, or alterations in, on behalf of the PremisesTenant. Tenant shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Tenant’s 's employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Landlord’s 's employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 ss.12101 et seq.) and regulations and guidelines promulgated thereunder (“"ADA”"), and any similarly motivated state and local Laws laws (“"Local Barriers Acts”"), 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 to the Premises and Real Property depending on, among other things: (i) whether Tenant’s '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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Acts compliance in the common areas, the cost of which shall be included in Operating Expenses under Article 5 of this Lease (except that any items constituting capital expenditures shall be amortized as required therein), except as provided below, (b) Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in the Premises, at Tenant's expense, and (c) Landlord may perform, or require that Tenant perform, and 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. Tenant shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Tenant’s 's employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Landlord’s 's employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder (“ADA”), and any similarly motivated state and local Laws (“Local Barriers Acts”)Laws, 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 to the Premises Premises, Building and Property depending on, among other things: (i) whether 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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the common areas, except as provided below, (b) Tenant shall perform any required ADA Title III and related Local Barriers Disabilities Acts compliance in the Premises, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III and related Local Barriers Disabilities Acts “path of travel’ ” and other requirements triggered by any public accommodation or other use of, or alterations in, the PremisesPremises by Tenant. Tenant shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Tenant’s employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Disabilities Acts requirements relating to Landlord’s employees. Notwithstanding anything to the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 below.

DISABILITIES ACTS. The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder (“"ADA”"), and any similarly motivated state and local Laws laws (“"Local Barriers Acts”"), 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 to the Premises and Property depending on, among other things: (i) whether Tenant’s '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 parties hereby agree that: (a) Landlord shall perform any required ADA Title III and related Local Barriers Acts compliance in the Project common areas, except as provided below(the cost of which may be included in Operating Expenses), (b) Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in within the Premises, and (c) Landlord may perform, or require that Tenant perform, and 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 ofof the Premises or by any alterations, additions or alterations in, the Premisesimprovements made by or for Tenant pursuant to Paragraph 8 hereof. Tenant shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Tenant’s 's employees, and Landlord shall be responsible for ADA Title I and related Local Barriers Acts requirements relating to Landlord’s 's employees. Notwithstanding anything to Tenant acknowledges that it has been advised that the contrary contained in this Article 31, in no event shall Tenant be obligated to make any structural alterations to the Property or the Premises unless due to Tenant’s specific use of the Premises (as opposed to their use for general office purposes) or Tenant’s alterations to the Premises. Landlord shall make any structural alterations that Tenant is Project has not required to make hereunder and Landlord may include the costs thereof in Expenses to the extent permitted pursuant to Article 33 belowundergone an inspection by a Certified Access Specialist.