|
EXHIBIT IF
<br />persons or entities are restricted from doing business corder OFAC regulations (including those named cot OFAC's Specially Designated and Blocked
<br />Persons List) or under any statute, executive order (Including, without limitation, Executive Order 13224, or other governments] action, (b) that
<br />Tenant's activities do not violate the Money Laundering Act, and (c) that throughout ilia lean terthls Lease die Tenant shall comply with Executive
<br />Order 13224 and with the Money Laundering Act.
<br />17,8 State;Sneeilie Reauh•ements,
<br />17.8.1 Califarnin Civil Code Section 1938. As of the date orlhis Loose, the Premises, Building and Project have not been
<br />inspected by a Certified Access Specialist ("CASp') as referred to in Section 1930 of the California Civil Code, A CASp can Inspect the subject
<br />premises and determine whether the subject premises comply with all of the applicable eonstmotion-related accessibility standards under state law,
<br />Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee
<br />or tenant thorn obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy ortic lessee or tenant, if requested by
<br />the lessee or tenant, The parties shall mutually agree on the girangements far the time and manner of the CASp Inspection, the payment of Ilia fee for
<br />the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the
<br />Premises,
<br />171,2 California Pubyg Blis9tirces Code Section 2540210. Pursuant to California Public Resources Code Section
<br />25402.10 and the regulations adopted thereunder (together with any future law or regulation regarding disclosure of energy efficiency data with
<br />respect to the Project, the "Electrical Energy Disclosure Laws"); (a) Landlord is or may be required to disclose to third Paribas (Including, without
<br />limitation, prospective purchasers, lenders and tonaVs orthe Project) information concerning to anoumt of electrical powar consumed at the Project
<br />("Electrical Energy Use Disclosures"), and (b) in order to ranks such Electrical Energy Use Disclosures, Landlord may need to obtain Information
<br />regarding Tenant's consumption of electrical power In the Premises (if and to the extent that delivery of electrical power to the Premises or ally
<br />applicable portion thereof that is measured by n meter in Tenant's name). Accordingly, Tenant agrees to cooperate with Landlord in connection with
<br />any such Electrical Energy Use Disclosures, including, without limitation, by providing to Landlord, within ten (10) days following Lessor's request
<br />therefor; (i) copies of (or access to) bills or other records reflecting the delivery oreiectrical power to die Premises or any applicable potion thereof
<br />that is measured by a meter in Tenant's name and/or (11) other information (such as without limitation, ilia numbarof employees regularly world i g at
<br />the Premises (or any applicable potion thereof), the types of equipment regularly used at the Premises (or any applicable portion tliereal) and/or the
<br />regular operating hours at the Premises (or any applicable portion trercof)) that is reasonably required for Landlord to estimate the amount or
<br />electrical power consumed at die Premises.
<br />17.9 Fah- Ptripaymont Practicas/Npi-hiscriminntlan, Landlord agrees, subject to applicable laws, rules and regulations, that no
<br />person shall be subject to distudininallon in the performance of this Lease on the basis of race, color, religion, na/onal origin, sex, aexuat orientation,
<br />gender Identity, AIDS, AIV status, age, disability, handicap or veteran status, Landlord shall take affirmative action to ensure that applicants are
<br />employed and dial employees are treated during employment without respect to any of these bases, including but not limited to employment,
<br />upgrading, donvidon, transfer, recruitment, recruitment advertising, layoff, termination, rates ofpoyorother forms of compensation, and selection for
<br />training, including apprenticeship.
<br />17,10 Interpretation, Tenant acknowledges that it has read and reviewed this Lease aid that it has had ilia opportunity to confer with
<br />counsel in tie negotiation of this Lease. Accordingly, this Lease shall be construed neither for nor against Landlorrd or Tenant, but shall be given a
<br />fair and reasonable interpretation in accordance with the meaning of its terms and the intent of the parties. All captions, headings, titles, numerical
<br />references and computer highligliting are for convenience only and shall have no affect on the Interpretation of this Lease, All tortns and words used
<br />In this Lease, regardless of the number or gender in which they are used, shalt be dacmed to include the appropriate number and gender, as the
<br />context may require. Each covenant, agreement, obligation or other provision of this Lease to be performed by'fe Cant are separate and independent
<br />covenants or Tenant, and not dependent on any other provision of this Lease. Time Is of Ilia essence of this Louse and the performance of all
<br />obligations hereunder. In the event any provision of this Lease Is Ibund to be unenrorceable, the remainder of this Lease shall not be affected, and
<br />any provision found to be invalid shall be cutbrceable to the extent permitted by law, The parties agree that if two different interpretations trey be
<br />given to any provision hamunder, one t which will render Ilia provision unenforceable, and out of which will mutter Ilene provision enforceable, the
<br />interpretation rendering the provision enforceable shot[ be adopted.
<br />17,11 No Partnership or Joint Venturer No T'bird Party Beneficiaries. Nothing contained in this Lease shall be deemed or
<br />consumed to create the relationship of principal and agent, or parmarship, or joint venture. or any other relationship between Landlord and Tenant
<br />other than landlord and tenant. Landlord shall have no Obligations hereunder to any person or Entity other than Tenant or any poison or eulity
<br />claiming through Tenant, and no other partles shall have any rights hereuridei its against Landlord, For die avoidance of doubt, it to understood and
<br />agreed that Persons that are Landlord Parties are intended third party beneficiaries of and shall have the right to enforce Sections 14,1 14.2 143 and
<br />16.2 above
<br />17.12 Entire Aareenrent Amendment; Successor): Survival or Ohllantions. Tills louse contains all of Ilia agreements and
<br />understandings reining to the lousing of the Promises and Vie obligations of Landlord slid Tenant in conneclion with such leasing, Landlord has not
<br />made, and Tumnl is not relying upon, any warranties, or representations, promises our statements made by Landlord or any agent of Landlord, except
<br />Ihose expressly set fourth litimin. This Lease supersedes any and all Prior ugmepenis and understandings bchvaen Landlord had Tenant and alone
<br />expresses the agreement of the parties, This Lease shall not be amended, clnmged ur modilled in any way unless In writing executed by Landlord
<br />End Tenant. Landlord shall not have waived or relansed tiny or its rights hereunder units$ in writing and executed by the Landlord. Except as
<br />expressly provided herein, this Louse and the obligations or Landlord and Tenant contained heroin shall bind or inure to the benefit of Landlmrl and
<br />Torrent and their respective successors and assigns, provided this clousc shall not pennii any Trhnsler by Tenant. contrary to die provisions of A J'cic
<br />L L, Any obligations at* Tenant accruing prior to the expiration of this Loose shall survive ate termination of Ihis Loose, slid Tenant shall promptly
<br />perform all such obligations whether or not this Lease has expired,
<br />17,13 Pro hibbion Amlhtsr Rccordins, Neither this [..ease nor any memorandum. nllidavit or other writing with respect thereto shall
<br />be recorded imy Tennnl our by anyone acting through, under or on behalf' of TunanI
<br />$01 II'C67e Cenrnr Or—Cigi of Surrm Aria Uars .17.
<br />80A-536
<br />
|