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California designated by the Joint Rules Committee, for the purposes of investigation to ascertain compliance with this <br />paragraph. <br />The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon receipt of <br />a final judgment having that effect from a court in action to which the Lessor was a party, or upon receipt of a written <br />notice from the Fair Employment and Housing Commission that it has investigated and determined that the Lessor has <br />violated the Fair Employment and Housing Act and has issued an order, under Section 12970 of the Government Code <br />which has become final. <br />In the event of willful violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty <br />(30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right <br />immediately to terminate this lease and any necessary additional expense incurred by the State in securing space <br />equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor. <br />13. HOLD OVER - In the event State remains in possession of the leased premises after the expiration date of this lease, <br />the State's continued possession shall create a tenancy from month to month with rental payable by State in arrears on the <br />last day of each month in the amount specified in paragraph 2. The tenancy created herein shall be subject to all other <br />terms and conditions of this lease. <br />14. ACCESSIBILITY — <br />A. AMERICANS WITH DISABILITIES ACT (ADA) — Lessor warrants that the leased premises to be used by <br />the State in the performance of this lease are readily accessible to and usable by individuals with disabilities with respect <br />to services, programs, activities conducted by the State on the leased premised. In the event that Lessor makes alterations <br />to any part of the leased premises used by the State, the alterations shall comply with the accessibility standards of the <br />Americans with Disabilities Act (U.S.C.A. Section 12101 and following). <br />In the event of violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) <br />days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right <br />immediately to terminate this lease and any necessary additional expense incurred by the State in securing space <br />equivalent to the leased premises, including the additional rental, if any shall be by the Lessor. <br />B. CERTIFIED ACCESS SPECIALIST DISCLOSURE — Pursuant to Section 1938 of the Civil Code, the <br />Lessor states that the leased premises: (check one) <br />Ohave not undergone an inspection by a Certified Access Specialist (CASp). <br />Dhave undergone an inspection by a Certified Access Specialist (CASp), it was determined that the <br />leased premises met all applicable construction -related accessibility standards pursuant to Section 55.51 et seq. of <br />the Civil Code, and Lessor provided the State with a copy of all reports prepared by the CASp. <br />15. INSURANCE — The State represents that, as an entity of the State of California, it is self -insured against damages, <br />injury and other forms of liability. Lessor or other parties shall not be names as an additional insured therein. <br />16. ASBESTOS - Lessor hereby warrants and guarantees that the Premises leased to the State will be operated and <br />maintained free of hazard from Asbestos -Containing Construction materials (ACCM), as that term is defined in Labor <br />Code Section 6501.8. <br />17. SUBROGRATION WAIVER AND INDEMNITY - <br />A. SUBROGATION WAIVER — To the extent authorized by any fire and extended coverage insurance issued to <br />Lessor on the herein damaged premises, Lessor releases State from liability for loss or damage covered by said insurance <br />and waives subrogation rights of the insurer. <br />