Laserfiche WebLink
persons or entities are restricted from doing business under OFAC regulations (including Ili ose named on OFACs Specially Designated and Blocked <br />Persons List) or under any statute, executive order (including, without limitation, Executive Order 13224, or other governmental action, (b) that <br />Tenant's activities do not violate the Money Laundering Act, and (a) that throughout the term of this tease die Tenant shall comply with Executive <br />Order 13224 and with the Money Laundering Act. <br />17.8 State Snecific Reauirements, <br />17.8.1 Calirornia Civil Code Section 1938. As of the date of this Lease, the Premises, Building and Project have not been <br />inspected by a Certified Access Specialist ("CASp") as referred to in Section 1938 of the California Civil Code. A CASp can inspect die subject <br />premises and determine whether the subject premises comply with all of the applicable construction -related accessibility standards under state law, <br />Although slate law does not require a CASp inspection or the subject premises, the commercial property owner or lessor may not prohibit the lessee <br />or tenant from obtaining a CASp inspection of the subject premises for die occupancy or potential occupancy or the lessee or tenant, if requested by <br />the lessee or tenant. The parties shall mutually agree on the arraugements for 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 or construction -related accessibility standards within the <br />Premises. <br />17.8.2 CAllfarnia Public Resources Carle Section 25402,➢0. Pursuant to California Public Resources Code Section <br />25402.10 and the regulations adopted thereunder (together with any future low or regulation regarding disclosure of energy efficiency data with <br />respect to the Pivject, the "Electrical Energy Disclosure Laws"): (a) Landlord is or may be required to disclose to third parties (including, without <br />limitation, prospective purchasers, lenders and tenants of the Project) information concerning die amount of electrical power consumed at die Nect <br />("Electrical Energy Use Disclosures"), and (b) in order to make 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 any <br />applicable portion thereof that is measured by a 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: (1) copies of (or access to) bills or other records reflecting the delivery of electrical power to die Premises or any applicable portion thereof <br />that is measured by a meter in Tenant's name and/or (it) other information (such as without limitation, the number of employees regularly working at <br />the Premises (or any applicable portion thereof), the types of equipment regularly used at the Premises (or mhy applicable portion thereof) and/or the <br />regular operating hours at the Premises (or any applicable portion thereof)) dial is reasonably required For Landlord to estimate the amount or <br />electrical power consumed at the Premises. <br />17.9 Fair Employment Practlees7Nan-Discrimination. Landlord agrees, subject to applicable laws, rules and regulations, dint no <br />person shall be subject to discrimination in die performance of this Lease on the basis of race, color, religion, national origin, sex, sexual orientation, <br />gender identity, AIDS, HIV status, age, disability, handicap or veteran status. Landlord shall take affirmative action to ensure that applicants are <br />employed and tint employees are treated during employment without respect to any of these bases, including but not limited to employment, <br />upgrading, demotion, transfer, recruitment, recruitment advertising, layofr, termination, rates of pay or other forms of compensation, and selection for <br />training, Including apprenticeship. <br />17.10 interpretation, Tenant acknowledges that it has read and reviewed this Lease and that it has had the opportunity to confer with <br />counsel to die negotiation of this Lease, Accordingly, this Lease shall be construed neither for nor against Landlord or Tenant, but shall be given a <br />Fair and reasonable interpretation in accordance with the meaning orits temps and the intent of the parties. All captions, headings, titles, numerical <br />references and computer highlighting are for convenience only and shall have no effect on the interpretation of this Lease. All terms and words used <br />in this Lease, regardless of the number or gender to which they are used, shall be deemed 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 Tenant are separate and independent <br />covenants of Tenant, and not dependent on any other provision of this Lease. Time is of the essence of this Lease and die performance of all <br />obligations hereunder. In the event any provision of this Lease is found to be unenforceable. the remainder of this Lease shalt not be affected, and <br />any provision Found to be invalid shall be enforceable to the extent permitted by low. The parties ngree that if two different interpretations may be <br />given to any provision hereunder, one of which will render die provision unenforceable, and one or which will render the provision enforceable, the <br />interpretation rendering the provision enforceable shall be adopted. <br />17.11 No Psrtnershin or Joint Venture: No Third Party Beneficiaries. Nothing contained in this Lease shall be deemed or <br />construed to create the relationship of principal and agent, or partnership, 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 then Tenant or any person or entity <br />claiming through Tenant, and no other parties shall have any rights hereunder as against Landlord. For die avoidance of doubt, it is understood and <br />agreed that Persons that are Landlord Parties arc intended third party beneficiaries orand shall have the right to enforce Sections 14A 141 14 33 and <br />16.2 above <br />17•12 Entire Agreement: Amendment: Successors: survival or Obligations. This Lease contains all of ilia agreements and <br />understandings relating to die loosing orthe Premises and die obligations orLtmdlord and Tenant to connection with such leasing. Landlord has not <br />made, and Tenant is not relying upon, any warranties, or representations, promises nr statements made by landlord or any agent or Landlord, except <br />those expressly set forth herein. This Lease supersedes tiny and all prior agreements and undersmndings between Landlord and Tenant and alone <br />expresses die agreement of the parties. This Lease shall not be amended, changed or modil➢ed in any way unless in writing executed by Landlord <br />and Tenant. landlord shall not have waived or released uny or its rights hereunder unless in writing and executed by the Landlord. Except as <br />expressly provided herein, tits Leuse and the obligations of Landlord mid Tenunt contained herein shall bind or inure to the benefit of Landlord and <br />Tenant and their respective successors and assigns, provided this clause shall not permit an} Transfer by Tenant contrary to the previsions of A icle <br />j1. Any obligations ol'Tmhant accruing prior to the expiration orthls Lease shall survive the termination orthis Lease, and Tenant shall promptly <br />perform all such obligations whether or not this Lease has expired. <br />17.13 Prohibition Aealnst Recording• Neither this Lease nor any memorandum. nDidavit or other writing with respect thereto shelf <br />be recorded by Tenant or by anyone acting through, under or on behall'of Tenons. <br />$010 Ckle Center Dr— Clpr ajSwitu Ann Leave -17- <br />