Non-Compliance With Codes Not Caused By Tenant Clause Samples

Non-Compliance With Codes Not Caused By Tenant. If the Determination indicates that non-compliance with the ADA and/or the Seismic Codes was caused by the mere existence of the facility in question (i.e., the non-complying condition was not caused, directly or indirectly, by Tenant's use, occupancy or enjoyment of the Premises and all owners of property similarly situated are or would generally be required to comply), then Tenant shall: (i) deliver a copy of the Determination to Landlord within five (5) calendar days after Tenant's receipt thereof; and (ii) promptly and immediately cause all work of improvement to be made to the Premises as are required to comply with the Determination. However, Tenant shall only be obligated to pay the first One Hundred Thousand Dollars ($100,000.00) in the aggregate of costs to comply with the ADA, and, the first One Hundred Thousand Dollars ($100,000.00) in the aggregate of costs to comply with the Seismic Code. Subject to Landlord's approval rights under Section 8.1, all costs in excess of $100,000 for ADA-related corrective work, and all costs in excess of $100,000 for Seismic-related corrective work, shall be paid by Landlord ("Landlord's Code obligation"). Landlord's Code obligation shall then become an item of operating Cost of the Premises pursuant to Article 4 of this Lease; however, said Landlord's Code Obligation shall be amortized (with interest at 10% per annum) over the shorter of: (A) the remaining Term of this Lease (including any option Periods for which an Option has been timely and properly exercised); or (B) ten (10) years; provided, however, if the amortization of Landlord's Code Obligation has commenced but Tenant later timely and properly exercises an Option to extend the Term of this Lease, the then unamortized portion of Landlord's Code Obligation shall at the commencement of the option Period be amortized (with interest at 10% per annum) over the shorter of: (D) the remainder of the Term of this Lease (including the option Period just commenced); or (E) ten (10) years.