WHICH TENANT HAS RECEIVED WRITTEN NOTICE ("PRIVATE
RESTRICTIONS") (PROVIDED THAT LANDLORD SHALL NOT ENTER INTO ANY PRIVATE
RESTRICTIONS AFTER THE DATE HEREOF WHICH CONFLICTS WITH THE PROVISIONS OF THIS
LEASE OR WOULD RESULT IN A MATERIAL AND ADVERSE IMPAIRMENT OF THE RIGHTS OF
TENANT HEREUNDER); AND (B) ANY AND ALL RULES AND REGULATIONS SET FORTH IN
EXHIBIT C AND ANY OTHER RULES AND REGULATIONS NOW OR HEREAFTER REASONABLY
PROMULGATED BY LANDLORD RELATED TO PARKING OR THE OPERATION OF THE PREMISES, THE
BUILDINGS AND/OR THE PROJECT (COLLECTIVELY, THE "RULES AND REGULATIONS").
THE
JUDGMENT OF ANY COURT OF COMPETENT JURISDICTION, OR THE ADMISSION OF TENANT IN
ANY ACTION OR PROCEEDING AGAINST TENANT, WHETHER LANDLORD BE A PARTY THERETO OR
NOT, THAT TENANT HAS VIOLATED ANY SUCH LAWS OR PRIVATE RESTRICTIONS, SHALL BE
CONCLUSIVE OF THAT FACT AS BETWEEN LANDLORD AND TENANT.
8.03
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT.
LANDLORD AND
TENANT HEREBY AGREE AND ACKNOWLEDGE THAT THE PREMISES, THE BUILDINGS AND/OR THE
PROJECT MAY BE SUBJECT TO, AMONG OTHER LAWS, THE REQUIREMENTS OF THE AMERICANS
WITH DISABILITIES ACT, A FEDERAL LAW CODIFIED AT 42 U.S.C. § 12101 ET SEQ.,
INCLUDING, BUT NOT LIMITED TO, TITLE III THEREOF, AND ALL REGULATIONS AND
GUIDELINES RELATED THERETO, TOGETHER WITH ANY AND ALL LAWS, RULES, REGULATIONS,
ORDINANCES, CODES AND STATUTES NOW OR HEREAFTER ENACTED BY LOCAL OR STATE
AGENCIES HAVING JURISDICTION THEREOF, AS THE SAME MAY BE IN EFFECT ON THE DATE
OF THIS LEASE AND MAY BE HEREAFTER MODIFIED, AMENDED OR SUPPLEMENTED
(COLLECTIVELY, THE "ADA").
ANY ALTERATIONS TO BE CONSTRUCTED HEREUNDER SHALL BE
IN COMPLIANCE WITH THE REQUIREMENTS OF THE ADA, AND ALL COSTS INCURRED FOR
PURPOSES OF COMPLIANCE THEREWITH SHALL BE A PART OF AND INCLUDED IN THE COSTS OF
THE ALTERATIONS.
TENANT SHALL BE SOLELY RESPONSIBLE FOR CONDUCTING ITS OWN
INDEPENDENT INVESTIGATION OF THIS MATTER AND FOR ENSURING THAT THE DESIGN OF ALL
ALTERATIONS STRICTLY COMPLIES WITH ALL REQUIREMENTS OF THE ADA.
TENANT HEREBY
ACCEPTS THE PREMISES IN THEIR AS IS CONDITION WITH REGARD TO THE REQUIREMENTS OF
THE ADA RELATING TO BARRIER REMOVAL WORK, PATH OF TRAVEL OR OTHER WORK REQUIRED
TO THE BUILDINGS, THE COMMON AREAS OR THE PROJECT UNDER THE ADA, AND AGREES THAT
ALL WORK OF COMPLYING WITH THE SAME SHALL BE THE RESPONSIBILITY OF TENANT;
PROVIDED,
16
HOWEVER, THAT LANDLORD, AND NOT TENANT, SHALL BE RESPONSIBLE FOR BARRIER REMOVAL
WORK, PATH OF TRAVEL OR OTHER WORK WITHIN THE COMMON AREAS REQUIRED BY REASON OF
ADA REQUIREMENTS FIRST BECOMING EFFECTIVE WITH REGARD TO THE PROJECT AFTER THE
COMMENCEMENT DATE AND THE NEED FOR WHICH DOES NOT ARISE BY REASON OF
(I) TENANT'S PARTICULAR USE OF THE PREMISES, THE BUILDINGS OR THE PROJECT, OR
(II) ALTERATIONS MADE BY OR AT THE REQUEST OF TENANT.
EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS PROVISION, TENANT SHALL BE RESPONSIBLE AT ITS SOLE
COST AND EXPENSE FOR FULLY AND FAITHFULLY COMPLYING WITH ALL APPLICABLE
REQUIREMENTS OF THE ADA, INCLUDING, WITHOUT LIMITATION, NOT DISCRIMINATING
AGAINST ANY DISABLED PERSONS IN THE OPERATION OF TENANT'S BUSINESS