|
Persons ar entities ere restricted from doing bushmss under OVA regulations (including those named on OFAC's Specially Designated slid Blocked
<br />Persons List) or under any statute, executive order (Including, without ihishalion, Executive order 13224, or other governmental action, (b) that
<br />Tellum's activities do not violate the Money Laundering Ant, and (a) [lint throughout the term of Iola Lease ilia Tenant shall comply with Executive
<br />Order 13224 and with the Money Lnuudering Act.
<br />17,8 ate Steelfle ltetLujremegtk,
<br />17,8J Cgltl'mmin Civil Calla Section 1)38. As of tine date of this Lease, the Premises, Eullding 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 consitiveden•related accessibility standards under state law,
<br />-Although state law does not require a CASp Inspection of the subject premises, the cmnmereial property owner or lessor may not prohibit the lessee
<br />ar tenant ii'om obtaining a CASp Inspection of the subject promises for the occupancy o' potential occupancy of the lessen or imam, if requested by
<br />the lessee or tenant The parties shall mutually agree on the grrengemmrta for the time and manner of the CASp Inspection, ilia payment Offl a fee Ina
<br />the CASp Inspection, mid the cost of making nay repairs necessary to correct violations of constnnctiomreiated accessibility standards within the
<br />Premises,
<br />17.8.2 ght1bruia Public Resources Code Section 2540210, Pursuant to California Public Resources Code Station
<br />25402.10 and the regulations adopted thereunder (together unto any future law or rogi lotion regrading disclosure of energy efficiency data with
<br />respect to the Project the 'Electrical Cnergy Disclosure Laws"); (a) Landlord is or may be required ro disclose to third parties (including, without
<br />limitation, prospective pmehasers, lenders and tenants of the Project) information concerning the amount of electrical power consumed at the Project
<br />("Ctech'icat Energy Use Disclosures"), and (b) in order to make such Electrical Energy Use Disclosures, Landlord may need to obtain Infatuation
<br />regarding, Tenant's consumption of electrical power in the Promises (if and to the extent that delivery of eicolrloal power to the Premises or arty
<br />applicable portion thereof that is measured by a meter in Tenant's name). Accordingly, Tenant agrees to cooperate with Landlord in connoodon with
<br />any such Electrical Bnergy, 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) hills or other mcands reflecting the delivery of electrical power to ilia Promises or any applicable portion thereof
<br />(lint is measured by a motor in Tenant's name and/or (11) other Information (such as without limitation, the number ofamployaw regularly working at
<br />the Prato [sea (or any applicable portion tlimieok , file types of equipment regularly used a[ the Premises (o' any applicable portion fhareol) and/or tine
<br />regular operating hours at the Premises (of any applicable portion thercoD) that is reasonably required for Landlord to estimate the amount of
<br />electrical power consumed at the Premises,
<br />17,9 Irnh• p(pjnynaont Praetires/IYmaDCse•huinatnu, Landlord agrees, suhect to applicable laws, rrdos and regulations, that no
<br />person shall be subject to discrimination in the performance of this Lease on the basis Of met, color, religion, national origin, sex, sexual orientation,
<br />gender identity, AIDS, FIIV status, ago, disability, handicap Or veteran status. Landlord shall Lake affirmative action to miser: drat applicants are
<br />employed and that enlplayee.1 are treated during employment without respect to any or these bases, including but not llmlted to employment,
<br />upgradlog, deviation, manefer, mmvidnanq rcondiment advertising, Inyo if, termination, rates ofpay or omrr, thins ofcompensation, and selection for
<br />training, including apprenticeship,
<br />17,10 Intgrnrolathin Tenant acknowledges that it has read and reviewed this Lease and that it has had ilia opportunity to confer with
<br />counsel in 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 laterprrelation in accordance with the meaning of its toms and the intent of the parties. All captions, headings, titles, numerical
<br />rel'arences and computer highlighting fire for Convenience only and shall have no effect on the interpretation of this Lease. All terms and words used
<br />in this Louse, regardless of the number or gander in which they are used, shall be dammed to include the appropriate number and gender, as the
<br />context may require, Each covenant, agreement, ohligatloli or other provision of this Lease to be perfonmed 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 the performance of all
<br />obligations hereunder. In tine event any provision of this Lease Is found to be unenforceable. the., remainder of (his Lease shall not be affected, and
<br />any provision found to be InvAlid shall be enforceable to the extent permitted by low. The pa'tles agree that if lwo d(ffereat interpretations may be
<br />given to any prevision homunder, slue of which will render the provision unenforceable, and one of which will render the provision enfarceoble, the
<br />interpretation rendering the provision enforceable shall be adopted.
<br />i7.1'I No Parmarshin or Joint Yeaturo: No Third Partv aund3dt ri •a. Nothing cmnnincd in this Lease shall be deemed or
<br />constued to create the rclndonship of principal and agent, or partnership, or joint venture, or any other relationship between Landlord and Tenant
<br />other than landlord and rennnt, Landlord shall have no obligations hereunder to any person or entity other than Tenant or any person or licitly
<br />clahning through Tenant, and no other, parties stall have any rights hereunder us against Landlord. For die avoidance of doubt, it Is understood and
<br />agreed ulna( Persons (lint are Landlord Parties are intended third party beneficiaries of and shall have the right to enlbrco Sections & , 14.2, 14.3 and
<br />16.2 ubova
<br />17.12 Entire Aereentanit Annendineit! SneeLlusaiy. Survival of Old a' ns, This Lease contains all of [ha agrcemems and
<br />understandings relating to the lousing of lilt Promises and the obligations of Ltmeflord mid Tenant In connection w1tn such leasing. Landlord has nil
<br />ouade. and Tennnl is not relying upon. any Wei ranges, or represmitations, promises m'sntcnnenls made by Landlord or tiny agent of Landlord, except
<br />those expressly set forth herein, 'this Lease supersedes ally slid all prior ugrconems and understandings between Landlord and Tenant and alone
<br />expresses the agreement of the parties. This Lease shall not he amended, changed or nwdilied In any way unless in wiling executed by Landlord
<br />and Tenant. Landlord shall not have waived Or Messed any of its rights hereunder unless in writing and executed by the Landlord. Except as
<br />expressly provided herein, this Lease and the obligations of Landlord and Totem contained herein shall bind or Inure to the benefit or Landlord and
<br />Tenant and their respective succussers zed assigns, provided this clause shall not permit tiny Transfer by Tenant contrary to the provisions of Ar ie
<br />I L. Any obligations orTmumt accruing prior to the expiration of [his Lease shall suMve the termination ofllds Lease, and Tentint shall promptly
<br />peribrnn all such obligations whelhcr or nut this Lease has expired,
<br />17.13 Prohibition 4cain t Ito,mrdtn , Neither this Lonse nor any mentuvndunl, nrhidaviL Or other writing with respect thereto shall
<br />be recorded by Tcnau or by anyone acting through, under or on behalf orTcnant,
<br />801 FNClric•Cdnra Pr'—CIfJ' 4(SrmbrArur f dare -17-
<br />
|