|
persons or entities are restricted from doing business under OFAC regulations (including those named on OFAC's 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 (c) that throughout the tern of this Lease the Tenant shall comply with Executive
<br />Order 13224 and with the Money Laundering Act.
<br />17.8 State Specific Requirements.
<br />17.8.1 California 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 the subject
<br />premises and determine whether the subject premises comply with all of the applicable construction -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 from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by
<br />the lessee or tenant, The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the 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 />17.8.2 California Public Resources Code Section 25402.10, Pursuant to California Public Resources Code Section
<br />25402.10 and the regulations adopted thereunder (together with any furore 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 parties (including, without
<br />limitation, prospective purchasers, lenders and tenants of the Project) information concerning the amount of electrical power consumed at the Project
<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 treasured by a meter in Tenant's nine). 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 of electrical power to the 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 any applicable portion thereof) and/or the
<br />regular operating hours at the Premises (or any applicable portion thereof)) that is reasonably required for Landlord to estimate the amount of
<br />electrical power consumed at the Premises.
<br />17.9 Fair Employment Practices/Non-Discrimination. Landlord agrees, subject to applicable laws, rules and regulations, that no
<br />person shall be subject to discrimination in the 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 that 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, layoff, termination, rates of pay or other forms of compensation, and selection for
<br />training, including apprenticeship.
<br />t7. 10 Interpretation. Tenant acknowledges that it has read and reviewed this Lease and that it has had the opportunity to confer with
<br />counsel in the 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 of its terms 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 in 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 the performance of all
<br />obligations hereunder. In the event any provision of this Lease is found to be unenforceable, the remainder of this Lease shall not be affected, and
<br />any provision found to be invalid shall he enforceable to the extent permitted by law. The parties agree that if two different interpretations may be
<br />given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the prevision enforceable, the
<br />interpretation rendering the provision enforceable shall be adopted.
<br />IT 11 No Partnership 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 than Tenant or any person or entity
<br />claiming through Tenant, and no other parties shall have any rights hereunder as against Landlord. For the avoidance of doubt, it is 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, 14.21 14.3 and
<br />16.2 above
<br />17.12 Entire Agreement; Amendment, Successors; Survival of Obligation , This Lease contains all of the agreements and
<br />understandings relating to the leasing of the Premises and the obligations of Landlord and Tenant in connection with such leasing. Landlord has not
<br />made, and Tenant is not relying upon, any warranties, or representations, promises or statements made by Landlord or any agent of Landlord, except
<br />those expressly set forth herein. This Lease supersedes any and all prior agreements and understandings between Landlord and Tenant and alone
<br />expresses the agreement of the parties. This Lease shall not be amended, changed or modified in any way unless in writing executed by Landlord
<br />and Tenant. Landlord shall not have waived or released 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 Tenant 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 any Transfer by Tenant contrary to the provisions of Article
<br />.11. Any obligations of Tenant accruing prior to the expiration of this Lease shall survive the termination of this Lease, and Tenant shall promptly
<br />perform all such obligations whether or not this Lease has expired.
<br />17.13 Prohibition Against Recording, Neither this Lease nor any memorandum, affidavit or other writing with respect thereto shall
<br />be recorded by Tenant or by anyone acting through, under or on behalf of Tenant.
<br />801 W Ovic Center Dr—Clry of Santa Ana Lease -17-
<br />25B-24
<br />
|