Common use of Lessee’s Compliance with Applicable Requirements Clause in Contracts

Lessee’s Compliance with Applicable Requirements. With the exception of compliance of the Premises upon completion of Tenant Improvements in accordance with the provisions of Exhibit B with the requirements of the Americans with Disabilities Act as it may be amended from time to time (“ADA”), which compliance shall be the responsibility of Lessor, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all applicable laws, covenants or restrictions of record, regulations and ordinances applicable to the Premises (“Applicable Requirements”), including, without limitation, any requirements of the ADA subsequently imposed as a result of any changes to the Premises made by Lessee, whether with or without Lessor consent, and also including the requirements of any applicable fire insurance underwriter or rating bureau and the recommendations of Lessor’s engineers and/or consultants which relate in any manner to the Lessee’s use of Premises, without regard to whether said requirements are now in effect or become effective after the Commencement Date. Lessee shall indemnify and hold Lessor harmless from Lessee’s failure to comply with this Paragraph 6.3, including without limitation, any failure by Lessee to comply with its ADA obligations. Lessee shall, within ten (10) days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt by Lessee, notify Lessor in writing (and immediately provide to Lessor copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Notwithstanding the foregoing, in no event shall Lessee be required to make structural alterations or changes to the Premises or Building unless and to the extent necessitated by Lessee’s Alterations or by the specific use of the Premises or nature of the goods being stored in the Premises by Lessee (as opposed to the mere use of the Premises for warehousing and distribution of goods generally).

Lessee’s Compliance with Applicable Requirements. With the exception of compliance of the Premises upon completion of Tenant Improvements Except as otherwise provided in accordance with the provisions of Exhibit B with the requirements of the Americans with Disabilities Act as it may be amended from time to time (“ADA”), which compliance shall be the responsibility of Lessorthis Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all applicable lawsApplicable Requirements relating to Lessee’s use or occupancy of the Premises and/or to any Alterations (defined below), covenants Utility Installations (defined below), Trade Fixtures (defined below) or restrictions of record, regulations and ordinances applicable other improvements to the Premises (“Applicable Requirements”)Premises, including, without limitation, any requirements of the ADA subsequently imposed as a result of any changes to the Premises made by Lessee, whether with or without Lessor consent, and also including the requirements of any applicable fire insurance underwriter or rating bureau bureau, and the reasonable recommendations of Lessor’s engineers and/or consultants which relate in any manner to life safety matters or Hazardous Substances concerning the Premises relating to Lessee’s use or occupancy of the Premises (and/or to any Alterations, Utility Installations, Trade Fixtures or other improvements to the Premises, without regard to whether said requirements are now in effect or become effective after the Commencement Date. Lessee shall indemnify and hold Lessor harmless from Lessee’s failure to comply with this Paragraph 6.3, including without limitation, any failure by Lessee to comply with its ADA obligations. Lessee shall, within ten (10) days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately promptly upon receipt by Lessee, notify Lessor in writing (and immediately promptly provide to Lessor copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Notwithstanding the foregoing, in no event shall Lessee be required to make structural alterations or changes to the Premises or Building unless and to the extent necessitated by Lessee’s Alterations or by the specific use of the Premises or nature of the goods being stored in the Premises by Lessee (as opposed to the mere use of the Premises for warehousing and distribution of goods generally).

Lessee’s Compliance with Applicable Requirements. With the exception of compliance of the Premises upon completion of Tenant Improvements in accordance with the provisions of Exhibit B with the requirements of the Americans with Disabilities Act as it may be amended from time to time (“ADA”), which compliance shall be the responsibility of Lessor, Lessee shall, at Lessee’s sole cost and expense, fully, diligently and in a timely manner, materially comply with all applicable lawsApplicable Requirements relating to Lessee’s particular use of, covenants or restrictions of recordimprovements to, regulations and ordinances applicable the Premises; provided, however, if any improvements or other work to the Premises (is required as a result of changes in laws, rules, regulations, statutes, ordinances, and similar requirements but such improvements or other work is not governmentally-mandated to be done and not otherwise related to Lessee’s particular use of, or improvements made to, the Premises, then Lessor shall perform such work at its sole cost and expense. Any improvements or other work to the Premises which is necessitated by governmentally-mandated Applicable Requirements shall be paid for by Lessee in the same manner as Capital Expenditures under Paragraph 7.1(d) below, regardless of whether or not such improvements are considered capital improvements. For purposes of this Lease, “Applicable Requirements”), ” shall mean all laws (including, without limitation, any requirements the Americans with Disabilities Act), rules, regulations, ordinances, directives, covenants, easements and restrictions of the ADA subsequently imposed as a result of any changes to the Premises made by Lesseerecord, whether with or without Lessor consentpermits, and also including the requirements of any applicable fire insurance underwriter or rating bureau bureau, and the recommendations of Lessor’s engineers and/or consultants which relate consultants, relating in any manner to the Lessee’s use of Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance, including, without regard to whether said requirements are limitation, preparing and maintaining a Hazardous Material Management Plan (“HMMP”) if required by a governmental agency having jurisdiction over the Premises and complying with all applicable Proposition 65 notice requirements, now in effect or become effective after the Commencement Datewhich may hereafter come into effect). If a HMMP is required, Lessee shall indemnify provide a copy of the HMMP to Lessor. As of the date of this Lease, Lessee represents and hold warrants to Lessor harmless from that, to the best of Lessee’s failure to comply knowledge and belief, the Premises, and Lessee’s operations in the Premises, are in compliance with this Paragraph 6.3, including without limitation, any failure by Lessee to comply with its ADA obligationsall Applicable Requirements. Lessee shall, within ten five (105) business days after receipt of Lessor’s written request, provide Lessor with copies of all permits documents and other documentsinformation, including but not limited to permits, registrations, manifests, applications, reports and other information certificates, evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt by Lesseereceipt, notify Lessor in writing (and immediately provide to Lessor with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of by Lessee or the Premises to comply with any Applicable Requirements. Notwithstanding the foregoing, in no event shall Lessee be required to make structural alterations or changes to the Premises or Building unless and to the extent necessitated by Lessee’s Alterations or by the specific use of the Premises or nature of the goods being stored in the Premises by Lessee (as opposed to the mere use of the Premises for warehousing and distribution of goods generally).

Lessee’s Compliance with Applicable Requirements. With the exception of compliance of the Premises upon completion of Tenant Improvements Except as otherwise provided in accordance with the provisions of Exhibit B with the requirements of the Americans with Disabilities Act as it may be amended from time to time (“ADA”), which compliance shall be the responsibility of Lessorthis Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all applicable laws, covenants or restrictions of record, regulations and ordinances applicable to the Premises (“Applicable Requirements”), including, without limitation, any requirements of the ADA subsequently imposed as a result of any changes to the Premises made by Lessee, whether with or without Lessor consent, and also including the requirements of any applicable fire insurance underwriter or rating bureau bureau, and the recommendations of Lessor’s engineers and/or consultants which relate in any manner to the Lessee’s use of Premisessuch Applicable Requirements, without regard to whether said requirements such Applicable Requirements are now in effect or become effective after the Commencement Date. ; provided that if Lessee shall indemnify and hold Lessor harmless from Lesseedisagrees with recommendations of engineers and/or consultants, or objects to the cost associated with their recommendations, then Lessee may retain its own engineers and/or consultants and, upon Xxxxxx’s failure to comply with this Paragraph 6.3reasonable approval, including without limitation, any failure follow the recommendation of the engineers and/or consultants retained by Lessee to comply so long as the result is that the Premises complies with its ADA obligationsall Applicable Requirements. Lessee shall, within ten (10) days after receipt of LessorXxxxxx’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and other information evidencing Lessee’s possession of all applicable permits and approvals pertaining to the Permitted Use, and shall immediately upon receipt by Lesseereceipt, notify Lessor in writing (and immediately provide to Lessor with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Notwithstanding the foregoing, in no event shall Lessee be required to make structural alterations Requirements or changes to the Premises or Building unless and to the extent necessitated by of Lessee’s Alterations or by the specific use of the Premises or nature of the goods being stored in the Premises by Lessee (as opposed ability to the mere use of operate at the Premises for warehousing and distribution of goods generally)the Permitted Use.