Common use of Access Laws Clause in Contracts

Access Laws. (a) Borrower agrees that the Mortgaged Property shall at all times comply with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all similar state and local laws and ordinances related to access and all rules, regulations, and orders issued pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, all as the same may be amended or supplemented from time to time (collectively the "Access Laws"). (b) Notwithstanding any provisions set forth herein or in any other document regarding ▇▇▇▇▇▇'s approval of alterations of the Mortgaged Property, Borrower shall not alter the Mortgaged Property in any manner which would increase Borrower's responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of an architect, engineer or other person acceptable to Lender regarding compliance with applicable Access Laws. (c) ▇▇▇▇▇▇▇▇ agrees to give prompt notice to ▇▇▇▇▇▇ of the receipt by Borrower of any complaints related to any violations of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Cardinal Ethanol LLC)

Access Laws. (a) Borrower agrees that the Mortgaged Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, Pub. L. ▇▇. ▇▇▇-▇▇▇, ▇▇▇ ▇▇▇▇. ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇, et seq., as hereafter amended, the Fair Housing Amendments Act of 19881988 (if applicable), as amended, all similar state and local laws and ordinances related to handicapped access and all rules, regulations, and orders issued pursuant thereto, including, without limitation, thereto including the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, all as the same may be amended or supplemented from time to time (collectively the "collectively, “Access Laws")”) and all other Legal Requirements upon written request by Lender, and Borrower shall provide Lender with an architect’s certificate, engineer’s certificate, or such other reasonable evidence as Lender may request evidencing compliance with Access Laws. Borrower shall be solely responsible for all such costs of compliance and reporting under all Access Laws. (b) Notwithstanding any provisions set forth herein or in any other document regarding ▇▇▇▇▇▇'s Lender’s approval of alterations of any or all of the Mortgaged Property, Borrower shall not alter any of the Mortgaged Property in any manner which would increase Borrower's its responsibilities for compliance with the applicable Access Laws without the prior written approval of Lender. Lender’s approval of the plans, specifications, or working drawings, as may be required under the applicable terms of this Agreement or the other Loan Documents, for any alterations of any or all of the Property shall create no responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Access Laws or any other Legal Requirements. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenantsTenants. Lender may condition any such approval upon receipt of a certificate of Access Law compliance from an architect, engineer engineer, or other person Person acceptable to Lender regarding compliance with applicable Access LawsLender. (c) ▇▇▇▇▇▇▇▇ Borrower agrees to give prompt notice to ▇▇▇▇▇▇ Lender of the receipt by Borrower of any complaints related to any violations violation of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Appears in 1 contract

Sources: Loan Agreement (Dupont Fabros Technology, Inc.)

Access Laws. (a) Borrower Mortgagor agrees that the Mortgaged Property shall at all times comply with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all similar state and local laws and ordinances related to access and all rules, regulations, and orders issued pursuant thereto, thereto including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, all as the same may be amended or supplemented from time to time Facilities (collectively the "Access LawsACCESS LAWS"). (b) Notwithstanding any provisions set forth herein or in any other document regarding ▇▇▇▇▇▇Mortgagee's approval of alterations of the Mortgaged Property, Borrower Mortgagor shall not alter the Mortgaged Property in any manner which would increase BorrowerMortgagor's responsibilities for compliance with the applicable Access Laws without the prior written approval of LenderMortgagee. The foregoing shall apply to tenant improvements constructed by Borrower Mortgagor or by any of its tenants. Lender Mortgagee may condition any such approval upon receipt of a certificate of an architect, engineer or other person acceptable to Lender Mortgagee regarding compliance with applicable Access Laws. (c) ▇▇▇▇▇▇▇▇ Mortgagor agrees to give prompt notice to ▇▇▇▇▇▇ Mortgagee of the receipt by Borrower Mortgagor of any complaints related to any violations of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with applicable Access Laws.

Appears in 1 contract

Sources: Mortgage, Security Agreement and Assignment of Leases and Rents (Mack Cali Realty Corp)