Common use of Handicapped Access Clause in Contracts

Handicapped Access. (a) Borrower agrees that the Properties shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the Properties, Borrower shall not alter the Properties in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Properties Trust Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the PropertiesTrust Property, Borrower shall not alter the Properties Trust Property in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to Lender except for tenant improvements constructed by Borrower or by any of its tenants, except as tenants that are otherwise permitted in by the Permitted Leases without Borrower's consentterms of this Deed of Trust or the other Loan Documents. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Mortgagor agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, regulations and orders issued pursuant thereto thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding LenderMortgagee's approval of alterations of the PropertiesMortgaged Property, Borrower Mortgagor shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerMortgagor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderMortgagee. The foregoing shall apply to tenant improvements constructed by Borrower Mortgagor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Mortgagee may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, engineer or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereofMortgagee. (c) Borrower Mortgagor agrees to give prompt written notice to Lender Mortgagee of the receipt by Borrower Mortgagor of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Mortgagor agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent with applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWSAccess Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding LenderMortgagee's approval of alterations of the PropertiesMortgaged Property, Borrower Mortgagor shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerMortgagor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderMortgagee. The foregoing shall apply to tenant improvements constructed by Borrower Mortgagor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Mortgagee may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days Mortgagee of receipt thereofcompliance with Access Laws. (c) Borrower Mortgagor agrees to give prompt notice to Lender Mortgagee of the receipt by Borrower Mortgagor of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Mortgagor agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWSAccess Laws"). (ba) Notwithstanding any provisions set forth herein or in any other document regarding LenderMortgagee's approval of alterations of the PropertiesMortgaged Property, Borrower Mortgagor shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerMortgagor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderMortgagee. The foregoing shall apply to tenant improvements constructed by Borrower Mortgagor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Mortgagee may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days Mortgagee of receipt thereofcompliance with Access Laws. (cb) Borrower Mortgagor agrees to give prompt notice to Lender Mortgagee of the receipt by Borrower Mortgagor of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Trustor agrees that the Properties Trust Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding LenderBeneficiary's approval of alterations of the PropertiesTrust Property, Borrower Trustor shall not alter the Properties Trust Property in any manner which would materially increase BorrowerTrustor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderBeneficiary. The foregoing shall apply to tenant improvements constructed by Borrower Trustor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Beneficiary may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereofBeneficiary. (c) Borrower Trustor agrees to give prompt notice to Lender Beneficiary of the receipt by Borrower Trustor of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower ▇▇▇▇▇▇▇▇▇ agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWSAccess Laws"). (ba) Notwithstanding any provisions set forth herein or in any other document regarding LenderMortgagee's approval of alterations of the PropertiesMortgaged Property, Borrower Mortgagor shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerMortgagor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderMortgagee. The foregoing shall apply to tenant improvements constructed by Borrower Mortgagor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Mortgagee may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days Mortgagee of receipt thereofcompliance with Access Laws. (cb) Borrower ▇▇▇▇▇▇▇▇▇ agrees to give prompt notice to Lender Mortgagee of the receipt by Borrower ▇▇▇▇▇▇▇▇▇ of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Grantor agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, regulations and orders issued pursuant thereto thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding LenderBeneficiary's approval of alterations of the PropertiesMortgaged Property, Borrower Grantor shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerGrantor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderBeneficiary. The foregoing shall apply to tenant improvements constructed by Borrower Grantor or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender Beneficiary may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, engineer or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereofBeneficiary. (c) Borrower Grantor agrees to give prompt written notice to Lender Beneficiary of the receipt by Borrower Grantor of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Properties Trust Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "“ACCESS LAWS"”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's ’s approval of alterations of the PropertiesTrust’ Property, Borrower shall not alter the Properties Trust Property in any manner which would materially increase Borrower's ’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to Lender except for tenant improvements constructed by Borrower or by any of its tenants, except as tenants that are otherwise permitted in by the Permitted Leases without Borrower's consentterms of this Deed of Trust or the other Loan Documents. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Properties Trust Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the PropertiesTrust' Property, Borrower shall not alter the Properties Trust Property in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to Lender except for tenant improvements constructed by Borrower or by any of its tenants, except as tenants that are otherwise permitted in by the Permitted Leases without Borrower's consentterms of this Deed of Trust or the other Loan Documents. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower covenants and agrees that the Properties Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable)1988, all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the PropertiesProperty, Borrower shall not alter the Properties Property in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower covenants and agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower Owner agrees that the Properties Mortgaged Property shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWSAccess Laws"). Notwithstanding the foregoing, Lender acknowledges that Property No. 41 on Schedule A is not currently in compliance with the Access Laws, but shall commence the necessary work in order to bring such Mortgaged Property into compliance with the Access Laws, including without limitation, the creation of seven (7) ADA compliant rooms and three (3) roll-in showers as set forth on Schedule D attached hereto on or before October 1, 1999, which work shall be acceptable to Lender in all respects. (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the PropertiesMortgaged Property, Borrower Owner shall not alter the Properties Mortgaged Property in any manner which would materially increase BorrowerOwner's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, engineer or other person acceptable to Lender. Lender shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days of receipt thereof. (c) Borrower Owner agrees to give prompt notice to Lender of the receipt by Borrower Owner of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower agrees that the Properties Mortgaged Property shall at all times strictly use commercially reasonable efforts to comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively collectively, "ACCESS LAWSAccess Laws"). Nothing herein shall be construed to require Borrower to comply with Access Laws with respect to any single property comprising a portion of the Mortgaged Property that is otherwise "grandfathered" under applicable law. (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's approval of alterations of the PropertiesMortgaged Property, Borrower shall not alter the Properties Mortgaged Property in any manner which would materially increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants, except as otherwise permitted in the Permitted Leases without Borrower's consent. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, engineer or other person acceptable to Lender. Lender Notwithstanding anything herein to the contrary, any permitted approved alteration or improvement which necessarily or incidentally increases Borrower's responsibilities for compliance with the applicable Access Laws shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days not form the basis of receipt thereofa default hereunder. (c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Handicapped Access. (a) Borrower The Issuer agrees that the Mortgaged Properties shall at all times strictly comply in all material respects to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988 (if applicable), all state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively "ACCESS LAWS"collectively, “Access Laws”). (b) Notwithstanding any provisions set forth herein or in any other document regarding Lender's the Indenture Trustee’s approval of alterations of the Mortgaged Properties, Borrower the Issuer shall not alter the Mortgaged Properties in any manner which would materially increase Borrower's the Issuer’s responsibilities for compliance with the applicable Access Laws without the prior written approval of Lenderthe Directing Holder. The foregoing shall apply to tenant improvements constructed by Borrower the Issuer or by any of its tenantsTenants, except as otherwise permitted in the Permitted Leases without Borrower's the Issuer’s consent. Lender The Directing Holder may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer, or other person acceptable to Lenderthe Indenture Trustee. Lender The Directing Holder shall use good faith efforts to respond to any request for approval hereunder within fifteen (15) days Business Days of receipt thereof. (c) Borrower The Issuer agrees to give prompt notice to Lender the Indenture Trustee and the Insurer of the receipt by Borrower the Issuer of any complaints related to material violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.