Common use of Handicapped Access Clause in Contracts

Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws”) and (b) has no actual knowledge as to the Project’s non-compliance with any Access Laws where the failure to so comply could have a material adverse effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereof.

Appears in 2 contracts

Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust)

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Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws”) and (b) has no actual knowledge as to the Project’s non-compliance with any Access Laws where the failure to so comply could have a material adverse effect Material Adverse Effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereof.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws") and (b) has no actual knowledge as to the Project’s 's non-compliance with any Access Laws where the failure to so comply could have a material adverse effect on the Project or on the Borrower’s 's ability to repay the Loans in accordance with the terms hereof.

Appears in 1 contract

Samples: Loan Agreement (Metropolis Realty Trust Inc)

Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws”) and (b) has no actual knowledge as to the Project’s non-compliance with any Access Laws where the failure to so comply could have a material adverse effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereof.

Appears in 1 contract

Samples: Construction Loan Agreement (Maguire Properties Inc)

Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply in all material respects with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws”) and (b) has no actual knowledge as that the Project fails to the Project’s non-compliance comply in any material respect with any Access Laws where the failure to so comply could have a material adverse effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereofLaws.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

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Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 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 Laws") and (b) has no actual knowledge as to the Project’s 's non-compliance with any Access Laws where the failure to so comply could have a material adverse effect on the Project or on Borrower’s 's ability to repay the Loans in accordance with the terms hereof.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Handicapped Access. (1) Each Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project each Individual Property shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances Applicable Laws related to handicapped access and all rules, regulations, and orders issued pursuant thereto includingthereto, without limitation, including the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (collectively, “Access Laws”) and (b) has no actual knowledge as to the Projectof any Individual Property’s non-compliance non‑compliance with any Access Laws where the failure to so comply could have a material adverse effect Material Adverse Effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereofapplicable Individual Property.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

Handicapped Access. (1) Borrower (a) agrees that it shall use commercially reasonable efforts to ensure that the Project each Individual Property shall at all times comply with the applicable requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all state and local laws and ordinances Applicable Laws 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”) and (b) has no actual knowledge as to the Projectany Individual Property’s non-compliance with any Access Laws where the failure to so comply could have a material adverse effect Material Adverse Effect on the Project or on Borrower’s ability to repay the Loans in accordance with the terms hereofapplicable Individual Property.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

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