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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 (a) that throughout the Tenn of this Lease the Tenant shall comply with Executive <br />Order 13224 and with the Money Laundering Act. <br />17.8 State Snecifre Requirements, <br />17.8.1 Ca I to rn is Civil Cndc Section 193S. As of the dale 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 cousauctiomrelaed accessibility standards understate law. <br />Although slate law does not require a CASp inspection of the subject premises, the commercial properly 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 of the lessee or tenant, if requested by <br />the lessee or tenant, The parties shall mutually agree on the IlMangements 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 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 parties (including, without <br />limitation, prospective purchasers, lenders and tenants oflhe Project) information concerning die 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 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: (i) 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 (ii) other information (such as without limitation, the number of employees regularly working at <br />the Premises (or any applicable portion thereof), die 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 diereoo) that is reasonably required for Landlord to estimate the amount of <br />electrical power consumed at the Premises. <br />17.9 Fair Employment Piactiees/Nmo-Discrimination. Landlord agrees, subject to applicable laws, rules and regulations, dint 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 />17.10 interpretation, Tenant acknowledges that it has read and reviewed this Lease and Calf it has had the 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 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 all nII have nu 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 perforated by Tenant are separate and independent <br />covenants of Tenant, and not dependent on any other provision of this Lease. Time is of Ilia essence of this Lease and die performance of all <br />obligations hereunder. In die 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 it 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 provision enforceable, the <br />interpretation rendering the provision enforceable shall be adopted. <br />17.11 No Partnership at, Joint Vcnturc; 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 tie 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, 14.2 14.3 and <br />16.2 above <br />17,12 Entire Agreement; .Amendment: Successors: Survival of Obligations. This Lease contains all of the agreements and <br />understandings relating to die lousing of the Premises and die obligations of Landlord and Tenant in connection with such leasing. Landlord has not <br />anade, 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 arty and all prior agmemcuts and understandings bchvicen Landlord and Tenant and alone <br />espresscs the agreement of the parties. This Lease shall not be amended, changed or and red in any way unless in writing executed by Landlord <br />and Tenam. 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 heein, this Lease and the obligations of Landlord and Tenant contained herein shall bind or inure to the benefit of Lnu dlod and <br />Tenant and dncir respective successors and assigns, provided this clause shall not pennit and Transl''er h,\ Tenant contrary to the provisions of Article <br />11, Any obligations ol'Tennat accruing prior to the expiration of this Lease shall survive the lenuinatiun of this Lease, and 'Tenant shall promptly <br />per!'urm all such obligations whether or not this Lease has expired. <br />17.13 Prohibition Against Recording. Neither this Lease nor oily memorandum. nftidavit or other writing with respect therein shall <br />be recorded by Tenant or by anyone acting through, under or in behalf ol'Tenant. <br />801 tr'Ch•ie Uwter Or— City ofSnimAnct Lenre -17- <br />