Common use of ADA Compliance Clause in Contracts

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the “ADA”): (1a) To the extent governmentally required as of the Commencement Date of this LeasePremises Delivery Date, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesProject. (2b) To the extent governmentally required subsequent to the Commencement Premises Delivery Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this LeasePremises Delivery Date, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project; provided, however, any such repairs, replacements or alterations which under generally accepted accounting principles should be classified as capital improvements shall be amortized on a straight line basis over their useful lives, not to exceed the Project’s useful life, together with interest on the amortized balance of such cost at the Interest Rate or such higher rate as may have been paid by Landlord on funds borrowed for the purposes of constructing such capital improvements. (3c) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4d) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. Notwithstanding the foregoing, with respect to the Tenant Work (as defined in the Work Agreement), Tenant shall have access to the Tenant Improvement Allowance (as defined in the Work Agreement) for payment of same. (5e) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this LeaseExhibitor represents and warrants: (1) the exhibit will be accessible to the full extent required by law, the following provisions shall govern the parties’ compliance (2) that its exhibit will comply with the Americans With with Disabilities Act (ADA) and with any regulations implemented by the Act, and (3) that it shall indemnify and hold harmless and defend NACADA or the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Convention Center, their owners, operators, and each of 1990their respective parents, as amended subsidiaries, affiliates, employees, officers, directors, and agents from time and against any and all claims and expenses including reasonable attorney’s fees and litigation expenses that may be incurred by or asserted against NACADA or the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Convention Center their owners, operators, and each of their respective parents, subsidiaries, affiliates, employees, officers, directors, and agents on the basis of Exhibitor’s breach of this paragraph or noncompliance with any of the provisions of ADA. NACADA shall provide, to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To the extent governmentally required by the Act, such auxiliary aids and/or services as may be reasonably requested by Exhibitor, provided that Exhibitor gives reasonable advance written notice to NACADA of the Commencement Date of this Lease, Landlord such needs. Exhibitor shall be responsible for compliance with Title III the cost of any auxiliary aids and services (including engagement of and payment to specialized service providers, such as sign language interpreters). Unless otherwise stated on the registration form, all exhibit fees must be pre-paid. Neither exhibit space nor ad space can be reserved until payment is received. Checks, Visa, MasterCard, American Express, and Discover are all acceptable forms of payment. Payment shall be made in U.S. currency. Payment for any additional costs incurred by NACADA on behalf of Exhibitor must be paid 30 days from the invoice date. We reserve the right to cancel an order due to delinquency. Exhibiting rates are subject to change without notification. NACADA’s assignment of exhibit space is final and shall constitute an acceptance of the ADAExhibitor’s offer to occupy space. Assignments will be made only after receipt of the Exhibitor Contract and the appropriate exhibit fees. After assignment, space location may not be changed, transferred, or canceled except by written request and with the subsequent approval of NACADA. Notwithstanding the above, NACADA reserves the right to make the space assignment and to change, at its expensesole discretion, any such assignments as it deems necessary. The Exhibitor agrees that their exhibit shall be admitted into the conference and shall remain from day to day solely on strict compliance with all the rules herein described. NACADA and the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Convention Center reserve the sole right to reject, eject, or prohibit any exhibit in whole or in part, or any Exhibitor with cause. If an exhibit or Exhibitor is ejected for violation of these rules or for any other stated reason (with cause), no return of exhibit fees shall be made. Restrictions on space rental: Exhibitor may not sublet, subdivide or assign his/her space, nor any part thereof, nor purchase multiple space for the purpose of subletting or assigning to third parties, nor permit in their space non-exhibiting companies’ representatives without the express written permission of NACADA. Only companies or individuals who have contracted directly with NACADA shall be allowed in the conference as an Exhibitor. Failure to comply with this provision may be sufficient cause for NACADA to require the immediate removal of the exhibit and/or the offending Exhibitor at the expense of the Exhibitor. Failure to comply may also result in forfeiture of all further rights to exhibit at the NACADA Annual Conference in the future. NACADA may lease any space so forfeited to another Exhibitor and retain all revenues collected. Set-up of all exhibits is expected to be completed by the specified move-in time. Please contact NACADA if you are unable to meet the move-in deadline. Exhibitor agrees that all personal property shall be removed from the exhibit each evening by the specified time, and such expense that all personal property will be removed from the conference space no later than at the close of exhibits. No exhibit shall be packed, removed, or dismantled prior to the close of exhibits without permission from NACADA. Exhibitor is required to maintain the daily cleanliness of their exhibit area. Exhibitors or their agents shall not be included as an Operating Expense injure or deface any part of the Projectbuilding, with respect to any repairsthe booths or booth contents, replacements equipment or alterations décor. When such damage appears, the Exhibitor is liable to the Common Area and rentable areas owner of the Project specifically excluding the Premises. property so damaged. Exhibitor representatives are expected to dress appropriately (2business casual) To the extent governmentally required subsequent during all exhibit hours (includes move-in and move-out hours). Exhibitors are responsible for making their pre- and post-meeting shipping arrangements. ▇▇▇▇▇▇’s contracted decorator is able to assist with shipping arrangements, if requested and paid for by Exhibitor. All demonstrations, sales activities, and distribution of circulars and promotional material must be confined to the Commencement Date of this Lease as a result of an amendment to Title III limits of the ADA subsequent Exhibitor’s assigned space. All equipment for display or demonstration must be placed within the assigned exhibit area to attract observers to the Commencement Date of this Leasearea. Should Exhibitor engage in retail sales from Exhibitor’s designated space, Landlord Exhibitor shall be responsible for compliance complying with Title III all local and state requirements for a business license and sales tax remittance. In the interest of the ADA with respect NACADA Annual Conference, the Exhibitor agrees not to any repairsextend invitations, replacements call meetings, or alterations to otherwise encourage absence of participants, exhibitors, or invited guests from the Common Area educational sessions during the official hours of the Project, and such expense shall be included as an Operating Expense of the Projectsessions. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ ' compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the “foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the "ADA”"): (1a) To the extent the Association is governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for Landlord’s pro-rata share of any assessments for the cost of compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, ADA with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) Areas. To the extent the Association is governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible Landlord’s pro-rata share of any assessments for the cost of compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area Area. Tenant shall have no obligation to compensate or reimburse Landlord for any costs of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply compliance with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of any repairs, replacements or alterations to the Premises and its leasehold improvements within the PremisesCommon Areas. (5b) To the extent governmentally required as of the Commencement Date of this Lease, Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions be responsible for the cost of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected compliance with Tenant’s failure to comply with Titles I and Title III of the ADA as required abovewith respect to any Tenant improvements or Tenant’s occupancy of the Premises that do not require repairs, replacements, or alterations to the structure of the building within which the Premises are located.

ADA Compliance. Notwithstanding any other statement Tenant shall, at its expense from the Reimbursement Allowance or out-of-pocket if said allowance has been fully utilized by Tenant, be responsible for compliance in this Lease, the following provisions shall govern the parties’ compliance Premises with the Americans With with Disabilities Act of 1990and any other law pertaining to disabilities and architectural barriers (collectively, as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To the extent governmentally required for any new installations or improvements which occur as part of the Commencement Date of this LeaseTenant Work, but Landlord shall be responsible for compliance with Title III of the ADAshall, at its expense, correct any existing condition in the Third Expansion Space and/or Must Take Space which does not comply with ADA as of the Effective Date of this Amendment. Following Landlord’s receipt of written notice from an applicable governmental authority that all or a portion of (i) the Third Expansion Space, including, but not limited to, the existing men’s and women’s lavatories/restrooms and shower stalls and facilities, (ii) the Must Take Space and/or (iii) the existing men’s and women’s lavatories/restrooms in the Premises does not comply with the ADA, as described in the previous sentence, Landlord shall commence performing the improvements or other work necessary and shall thereafter diligently pursue the completion of such expense improvements or work. Landlord shall use commercially reasonable efforts to bring any such condition(s) into compliance with the ADA on or before the Third Expansion Commencement Date. Landlord shall not be included as an Operating Expense responsible for determining whether Tenant is a public accommodation under ADA or whether the Approved Construction Documents comply with ADA requirements. Such determinations, if desired by Tenant, shall be the sole responsibility of Tenant. Landlord’s approval of the ProjectApproved Construction Documents shall not be deemed a statement of compliance with applicable law, with respect nor of the accuracy, adequacy, appropriateness, functionality or quality of the improvements to any repairs, replacements or alterations be made according to the Common Area and rentable areas of the Project specifically excluding the PremisesApproved Construction Documents. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this -------------- Lease, the following provisions shall govern the parties’ ' compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. §§12101U.S.C. Sections 2101, et seq. (the “"ADA”"): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesProject. (2b) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3c) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Landlord’s 's failure to comply with Title III of the ADA as required above. (4d) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5e) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Tenant’s 's failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement Landlord and Tenant acknowledge that, in this Lease, the following provisions shall govern the parties’ compliance accordance with the provisions of the Americans With with Disabilities Act of 1990, as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To ), responsibility for compliance with the extent governmentally required as terms and conditions of Title III of the Commencement Date of this ADA may be allocated as between Landlord and Tenant. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant agree that the responsibility for compliance with the ADA shall be allocated as follows: (i) Tenant shall be responsible for compliance with the provisions of Title III of the ADA for any and all alterations made within the Building if Tenant constructs such alterations, without the assistance of the Landlord, regardless of whether Landlord consents to such alterations; and (ii) Landlord shall be responsible for compliance with Title III the provisions of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to for the Commencement Date Property and exterior of this Leasethe Building, Landlord unless such compliance is required as a result of Tenant Improvements, in which event Tenant shall be responsible for compliance with Title III of the ADA with respect such compliance. Landlord and Tenant each agree to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold each other harmless Tenant from and its Agents from all fines, suits, procedures, penalties, against any claims, liabilitydamages, losses, expenses costs and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) liabilities arising out of or in any way connected with Landlord’s failure or Tenant’s failure, or alleged failure, as the case may be, to comply with Title III of the ADA as required above. (4) To within the extent governmentally requiredareas for which each is responsible hereunder, which indemnification obligation shall survive the expiration or termination of this lease, Landlord and Tenant each agree that the allocation of responsibility for ADA compliance shall be responsible for compliancenot require Landlord or Tenant to supervise, at its expense, with Titles I and III monitor or otherwise review the compliance activities of the ADA other with respect to its specific manner assumed responsibilities for ADA compliance as set forth herein. The foregoing allocation of use responsibility for ADA compliance between Landlord and Tenant, and the obligations of Landlord and Tenant established by such allocations, shall supersede any other provisions of the Premises and its leasehold improvements within lease that may contradict or otherwise differ from the Premisesrequirements of this Section. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the “ADA”): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for the cost of compliance with Title III of the ADA, at its expense, and such expense cost shall not be included as an Operating Expense a Basic Cost of the ProjectProperty, with respect to any repairs, replacements or alterations to the Common Area and rentable areas Areas of the Project specifically excluding the Premises. (2) Project. To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the ProjectProperty, and such expense shall be included as an Operating Expense a Basic Costs of the Project. (3) Property. Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4b) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) . Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement term or provision to the contrary contained in this Lease, the following provisions shall govern the parties’ compliance obligations of Landlord and Tenant with respect to Title III of the Americans With with Disabilities Act of 1990(the "Act"), as the same may be amended from time to time, shall be governed by this Section 3.19. Public Law 101Tenant shall be responsible for ensuring that the Leased Premises are in compliance with the Act at all times, and Tenant shall make, at Tenant's cost and expense, any and all alterations and additions to the Leased Premises (both structural and non-336structural) that may be necessary from time to time to keep or bring the Leased Premises in compliance with the Act. Tenant shall indemnify and hold Landlord harmless from all claims, 42 U.S. C. §§12101suits, et seqactions, damages and liability (including costs and expenses of defending against the aforesaid) arising from Tenant's failure to discharge its responsibilities under this Paragraph 3.19. (the “ADA”): (1) To the extent governmentally required as of From and after the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to ensuring that the Common Area of the ProjectShopping Center is in compliance with the Act at all times, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnifymake, defend at Landlord's cost and expense, all alterations and additions to the Common Area, both structural and non-structural, that may be necessary from time to time to keep or bring the Common Area in compliance with the Act. Landlord shall indemnify and hold Tenant harmless Tenant and its Agents from all finesclaims, suits, proceduresactions, penalties, claims, liability, losses, damages and liability (including costs and expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ feesdefending against the aforesaid) arising out of or in any way connected with from Landlord’s 's failure to comply with Title III of discharge its responsibilities under this Paragraph 3.19. By initialing below, you acknowledge and agree to the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or terms in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.Section 3. X Initial Here

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ ' compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. §§12101U.S.C. (S)(S)12101, et seq. (the “"ADA”"): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesProject. (2b) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3c) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall comply with Title III of the ADA with respect to the initial construction of the Tenant Work (as defined within the Work Agreement) within the Premises. The cost of compliance with Title III of the ADA with respect to the initial construction of the Tenant Work shall be allocated in accordance with the provisions of Section 2.1 of the Work Agreement. (d) Subject to the limitations set forth in subparagraph (c) above, Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Landlord’s 's failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required. 5055 Wilshire - Playboy Enterprises, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.Inc. - Lease 12/22/98

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ ' compliance with the Americans With Disabilities Act of 1990, ADA (as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”defined below): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of shall, as promptly as possible either before or after the ADACommencement Date, comply at its expense, and such expense shall not be included as an Operating Expense of the Project, with Title III of the Americans With Disabilities Act of 1990, as amended from time to time, Public Law 101-336; 42 U.S.C. Sections 12101, et seq. (the "ADA") with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesProject. (2b) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance comply with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3c) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Landlord’s 's failure to comply with Title III of the ADA as required above. (4d) Except for the work to be performed by Landlord as listed in Exhibit B, as part of the Tenant Work to be performed by Tenant as more particularly set forth in Exhibit B-1 attached hereto (but without increasing Landlord's monetary obligations as set forth in said Exhibit B-1), Tenant shall ensure that the Premises complies with the ADA as of the Commencement Date. To the extent governmentally requiredrequired subsequent to the Commencement Date, or if required as a result of Tenant's acts, or Tenant's operations from the Premises, or any Tenant alternations, Tenant shall be responsible for compliancecomply, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5e) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Tenant’s 's failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement Lessor and Lessee acknowledge that, in this Lease, the following provisions shall govern the parties’ compliance accordance with the provisions of the Americans With with Disabilities Act of 1990, as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”):), responsibility for compliance with the terms and conditions of Title III of the ADA may be allocated as between Lessor and Lessee. Notwithstanding anything to the contrary contained in the Lease, Lessor and Lessee agree that the responsibility for compliance with the ADA (including, without limitation, the removal of architectural and communications barriers and the provision of auxiliary aids and services to the extent required) shall be allocated as follows: (1i) To the extent governmentally required as of the Commencement Date of this Lease, Landlord Lessee shall be responsible for compliance with the provisions of Title III of the ADA for any construction, renovations, alterations and repairs made within the Leased Premises if such construction, renovations, alterations and repairs are made by Lessee, at its expense without the assistance of the Lessor (including any Tenant Work performed by Lessee or its contractors) subject to the Tenant Improvement Allowance; (ii) Lessee shall be responsible for compliance with the provisions of Title III of the ADA for all construction, renovations, alterations and repairs Lessor makes within the Leased Premises to the extent triggered by Lessee’s unique use of the Leased Premises or any alterations desired by it thereto, whether at Lessor’s or Lessee’s expense subject to the Tenant Improvement Allowance; and (iii) Lessor shall be responsible for compliance with the provisions of Title III of the ADA for all exterior and interior areas of the Building not included within the Leased Premises, and also for Lessor Improvements or Lessor’s work under this Amendment. Lessor agrees to indemnify, defend and hold Lessee harmless from and against any claims, damages, costs and liabilities arising out of Lessor’s failure, or alleged failure, as the case may be, to comply with Title III of the ADA, at its expense, and such expense which indemnification obligation shall not be included as an Operating Expense of survive the Project, with respect to any repairs, replacements expiration or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date termination of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect . Lessee agrees to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold Lessor harmless Tenant from and its Agents from all fines, suits, procedures, penalties, against any claims, liabilitydamages, losses, expenses costs and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) liabilities arising out of Lessee’s failure, or in any way connected with Landlord’s failure alleged failure, as the case may be, to comply with Title III of the ADA, which indemnification obligation shall survive the expiration or termination of this Lease. Lessor and Lessee each agree that the allocation of responsibility for ADA as required above. (4) To compliance shall not require Lessor or Lessee to supervise, monitor or otherwise review the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III compliance activities of the ADA other with respect to its specific manner assumed responsibilities for ADA compliance as set forth in this Section. The allocation of use responsibility for ADA compliance between Lessor and Lessee, and the obligations of Lessor and Lessee established by such allocations, shall supersede any other provisions of the Premises and its leasehold improvements within Lease that may contradict or otherwise differ from the Premisesrequirements of this Section. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with The parties acknowledge that the Americans With Disabilities disabilities Act of 19901990 (42 U.S.C. Section 12101 et. Seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time. Public Law 101-336time (collectively referred to herein as the "ADA"), 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to establish requirements under Title III of the ADA subsequent ("Title III") pertaining to the Commencement Date business operations, accessibility and barrier removal, (1) whether Tenant's business operations are deemed a "place of this Lease, Landlord shall be responsible for public accommodation" or a "commercial facility"; (2) whether compliance with Title III of the ADA with respect to any repairs, replacements such requirements is "readily achievable" or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project." technically infeasible"; and (3) whether a given alteration affects a "primary function area" or triggers so-called "path of travel" requirements. The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Premises and Building to a degree sufficient to determine whether or not the Premises and Building, in their condition as of the date hereof, deviate in any manner from the ADA Accessibility guidelines ("ADAAG") or any other requirements under the ADA pertaining to the accessibility of the Premises or the Building. Tenant further acknowledges and agrees that, except as may otherwise be specifically provided below, Tenant accepts the Premises and Building in "as-is" condition and agrees that Landlord makes no representation or warranty as to whether the Premises or Building conform to the requirements of the ADAAG or any other requirements under the ADA pertaining to the accessibility of the Premises of the Building. Tenant shall indemnifybe solely responsible for all title III compliance and costs in connection with the Premises, defend including any Tenant Improvements or other work to be performed in the Premises under or in connection with this Lease, including pursuant to Article 4 above and hold harmless shall also be responsible for the cost of any so-called title III "path of travel" requirements triggered by any construction activities or alterations in the Premises; provided, however, Tenant and its Agents from shall not be required to make any structural improvements to the Building. Tenant shall be solely responsible for all finesother requirements under the ADA relating to Tenant or any affiliates or persons or entities related to Tenant (collectively, suits"Affiliates"), proceduresoperations of the Tenant of Affiliates of the Premises, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, including without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with requirements under Title III I of the ADA as required abovepertaining to Tenant's employees. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, Landlord represents and warrants that the following Building fully complies with the provisions shall govern the parties’ compliance with and requirements of the Americans With Disabilities Act of 1990, as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, U.S.C. Section 12101 et seq. ("ADA"), and that any improvements, repairs, replacements, or other changes to the “ADA”): (1) To Property in the extent governmentally required as future done by or at the request of the Commencement Date of this Lease, Landlord shall be responsible for compliance also comply with Title III of the ADA. Landlord hereby indemnifies and holds Tenant free and harmless of, at its expensefrom and against, any and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liabilitydemands, losses, expenses actions and actions causes of every kindaction by any party whatsoever (whether or not meritorious), and all costs associated therewith and expenses (including, including without limitation, reasonable attorneys’ ' and consultants’ paralegal fees) , whether suit is instituted or not, and at all trial and appellate levels), and all losses, damages and liabilities that are incurred or suffered by Tenant arising out of from, or in any way connected with Landlord’s with, failure of Landlord to comply with Title III the ADA as aforesaid. Tenant represents and warrants that the Premises shall fully comply with the provisions and requirements of the ADA as required above. (4) To and that any improvements, repairs, replacements, or other changes to the extent governmentally required, Premises in the future done by or at the request of Tenant shall be responsible for compliancealso comply with the ADA. Tenant hereby indemnifies and holds Landlord free and harmless of, at its expensefrom and against, with Titles I any and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liabilitydemands, lossesactions, expenses and actions causes of every kindaction by any party whatsoever (whether or not meritorious), and all costs associated therewith and expenses (including, including without limitation, reasonable attorneys’ attorney's and consultants’ paralegal fees) , whether suit is instituted or not, and at all trial and appellate levels), and all losses, damages, and liabilities that are incurred or suffered by Landlord arising out of from, or in any way connected with Tenant’s with, failure of Tenant to comply with Titles I and III of the ADA as required aboveaforesaid.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the “ADA”): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) . Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4b) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) . Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement term or provision to the contrary contained in this Lease, the following provisions shall govern the parties’ compliance obligations of Landlord and Tenant with respect to Title III of the Americans With with Disabilities Act of 1990(the "Act"), as the same may be amended from time to time, shall be governed by this Section 3.37 . Public Law 101Tenant shall be responsible for ensuring that the Leased Premises are in compliance with the Act at all times, and Tenant shall make, at Tenant's cost and expense, any and all alterations and additions to the Leased Premises (both structural and non-336structural) that may be necessary from time to time to keep or bring the Leased Premises in compliance with the Act. Tenant shall indemnify and hold Landlord harmless from all claims, 42 U.S. C. §§12101suits, et seqactions, damages and liability (including costs and expenses of defending against the aforesaid) arising from Tenant's failure to discharge its responsibilities under this Paragraph 3.37. (the “ADA”): (1) To the extent governmentally required as of From and after the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to ensuring that the Common Area of the ProjectShopping Center is in compliance with the Act at all times, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnifymake, defend at Landlord's cost and expense, all alterations and additions to the Common Area, both structural and non-structural, that may be necessary from time to time to keep or bring the Common Area in compliance with the Act. Landlord shall indemnify and hold Tenant harmless Tenant and its Agents from all finesclaims, suits, proceduresactions, penalties, claims, liability, losses, damages and liability (including costs and expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ feesdefending against the aforesaid) arising out of or in any way connected with from Landlord’s 's failure to comply with Title III of discharge its responsibilities under this Paragraph 3.37. By initialing below, you acknowledge and agree to the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or terms in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.Section 3. X Initial Here

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the “ADA”): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesProject. (2b) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3c) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4d) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5e) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement Landlord and Tenant acknowledge that, in this Leaseaccordance with the provisions of the Americans with Disabilities Act (the "ADA"), the following provisions shall govern the parties’ responsibility for compliance with the Americans With Disabilities Act terms and conditions of 1990Title III of the ADA may be allocated as between Landlord and Tenant. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant agree that the responsibility for compliance with the ADA shall be allocated as amended from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”):follows: (1i) To Tenant shall be responsible for compliance with the extent governmentally required as provisions of Title III of the Commencement Date ADA for any and all alterations made within the Building if Tenant constructs such alterations, without the assistance of this Leasethe Landlord, regardless of whether Landlord consents to such alterations; and (ii) Landlord shall be responsible for compliance with Title III the provisions of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to for the Commencement Date Property and exterior of this Leasethe Building, Landlord unless such compliance is required as a result of Tenant Improvements, in which event Tenant shall be responsible for compliance with Title III of the ADA with respect such compliance. Landlord and Tenant each agree to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold each other harmless Tenant from and its Agents from all fines, suits, procedures, penalties, against any claims, liabilitydamages, losses, expenses costs and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) liabilities arising out of Landlord's or in any way connected with Landlord’s failure Tenant's failure, or alleged failure, as the case may be, to comply with Title III of the ADA as required above. (4) To within the extent governmentally requiredareas for which each is responsible hereunder, which indemnification obligation shall survive the expiration or termination of this lease, Landlord and Tenant each agree that the allocation of responsibility for ADA compliance shall be responsible for compliancenot require Landlord or Tenant to supervise, at its expense, with Titles I and III monitor or otherwise review the compliance activities of the ADA other with respect to its specific manner assumed responsibilities for ADA compliance as set forth herein. The foregoing allocation of use responsibility for ADA compliance between Landlord and Tenant, and the obligations of Landlord and Tenant established by such allocations, shall supersede any other provisions of the Premises and its leasehold improvements within lease that may contradict or otherwise differ from the Premisesrequirements of this Section. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding Tenant shall, at its expense from the Reimbursement Allowance or out-of-pocket if said allowance has been fully utilized by Tenant, be responsible for compliance in the Premises with the Americans with Disabilities Act and any other statement in this Leaselaw pertaining to disabilities and architectural barriers (collectively, the following provisions “ADA”) for any new installations or improvements which occur as part of the Tenant Work, but Landlord shall, at its expense, correct any existing condition in the Third Expansion Space and/or Must Take Space which does not comply with ADA as of the Effective Date of this Amendment. Following Landlord’s receipt of written notice from an applicable governmental authority that all or a portion of (i) the Third Expansion Space, including, but not limited to, the existing men’s and women’s lavatories/restrooms and shower stalls and facilities, (ii) the Must Take Space and/or (iii) the existing men’s and women’s lavatories/restrooms in the Premises does not comply with the ADA, as described in the previous sentence, Landlord shall govern commence performing the parties’ improvements or other work necessary and shall thereafter diligently pursue the completion of such improvements or work. Landlord shall use commercially reasonable efforts to bring any such condition(s) into compliance with the Americans With Disabilities Act ADA on or before the Third Expansion Commencement Date. Landlord shall not be responsible for determining whether Tenant is a public accommodation under ADA or whether the Approved Construction Documents comply with ADA requirements. Such determinations, if desired by Tenant, shall be the sole responsibility of 1990Tenant. Landlord’s approval of the Approved Construction Documents shall not be deemed a statement of compliance with applicable law, nor of the accuracy, adequacy, appropriateness, functionality or quality of the improvements to be made according to the Approved Construction Documents. 5. Landlord’s Oversight and Coordination. Construction of the Tenant Work shall be subject to oversight and coordination by Landlord pursuant to this Paragraph as amended well as Paragraph 4(b) of this Amendment, but such oversight and coordination shall not subject Landlord to any liability to Tenant, Tenant’s contractors or any other person. Landlord has the right to inspect construction of the Tenant Work from time to time. Public Law 101-336, 42 U.S. C. §§12101, et seq. (the “ADA”): (1) To the extent governmentally required as Landlord or any party related thereto shall not receive any fee from Tenant for Landlord’s oversight and coordination of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III construction of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the PremisesTenant Work. 6. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the “ADA”): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA, at its expense, and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premises. (2) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations (i) that constitute structural work with respect to the Premises (except to the extent such work is Tenant’s obligation under Section 9.3(b)) or (ii) to the Common Area of the Project, and any such expense under this Section 9.3(a) shall be included as an Operating Expense of the Project. (3) . Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4b) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner the Premises. Notwithstanding the foregoing, however, Tenant’s obligations under this Section 9.3(b) shall not include the performance of any structural work with respect to the Premises, except to the extent such work is required in connection with (i) Tenant’s Alterations, (ii) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for the Permitted Use in a normal and its leasehold improvements within customary manner) or (iii) a change in the Premises. (5) Permitted Use stated in Section 1.8, regardless of whether Landlord approves such change. Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required above.

ADA Compliance. Notwithstanding any other statement As used in this LeaseParagraph, the following provisions Americans with Disabilities Act (“ADA”) shall govern the parties’ compliance with mean the Americans With with Disabilities Act of 1990, as amended from time to time. Public Law 101-336, 42 U.S. C. §§U.S.C. § 12101, et seq. (and all implementing regulations. Landlord and Tenant intend to comply with the “ADA”):ADD and shall allocate responsibility for such compliance as follows: (1i) To Except as provided in Subparagraph 19.3(ii) below, Landlord shall have responsibility to comply with the requirements of the ADA in all Common Areas and in the Leased Premises if attributable to the construction of the Center or Landlord’s Work. Such compliance responsibility shall include, but shall not be limited to, the obligation to remove architectural and communication barriers in the Common Areas and the Leased Premises where such removal is readily achievable. (ii) Except as provided in Subparagraph 19.3(i) above, Tenant shall have responsibility to comply with the requirements of the ADA in the Leased Premises to the extent governmentally that such requirements require Tenant to make interior nonstructural changes or Florence, AL Improvements to the Leased Premises. Such responsibility shall include, but shall not be limited to, the obligation to remove architectural and communication barriers in the Leased Premises created by Tenant’s trade fixtures and leasehold improvements made by Tenant, where such removal is readily achievable. (iii) If building alterations involve the Common Areas, it shall be Landlord’s responsibility to comply with the standards of accessibility required under the ADA and its implementing regulations. (iv) In the event Landlord and Tenant shall agree, as part of the Commencement Date terms and conditions of this the Lease, Landlord that Landlord, at Landlord’s expense, shall construct improvements on the Leased Premises or any part thereof, it shall be Landlord’s responsibility to comply with the standards of accessibility for the new construction. (v) Each party shall be responsible for the ADA compliance with Title III of the ADAits own standards, at its expensecriteria, administrative methods, eligibility criteria, policies, practices and such expense shall not be included as an Operating Expense of the Project, with respect to any repairs, replacements or alterations to the Common Area and rentable areas of the Project specifically excluding the Premisesprocedures. (2vi) To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Landlord’s failure to comply with Title III of the ADA as required above. (4) To the extent governmentally required, Tenant shall be responsible for compliancethe provisions of any “auxiliary aids and services”, at as such term is defined and used in the ADA, to its expensecustomers, clients and patrons, if and to the extent required, in connection with Titles I and III the operation of its business or occupancy of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Leased Premises. (5vii) To the extent permitted by the ADA, if either Landlord or Tenant can demonstrate that barrier removal is not readily achievable in an area in which either party has responsibility for ADA compliance, the party responsible for compliance, as herein provided, shall indemnifymake use of alternatives to barrier removal, defend and hold harmless Landlord and its Agents from all finesif such alternatives are readily achievable. (viii) Where alterations made by either party trigger “path of travel” requirements under the ADA, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ and consultants’ fees) arising out of or in any way connected with Tenant’s failure to comply with Titles I and III of the ADA as required aboveparty making such modification shall be responsible for satisfying such requirements.

ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties’ ' compliance with the Americans With Disabilities Act of 1990, as amended from time to time. , Public Law 101-336, ; 42 U.S. C. U.S.C. §§12101, et seq. (the “foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the "ADA”"): (1a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for the cost of compliance with Title III of the ADA, at its expense, and such expense cost shall not be included as an Operating Expense of the Projectin Basic Costs, with respect to any repairs, replacements or alterations to the Common Area and rentable areas Areas of the Project specifically excluding the Premises. (2) Project. To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Common Area of the Project, and such expense shall be included as an Operating Expense of the Project. (3) in Basic Costs. Landlord shall indemnify, defend and hold harmless Tenant and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Landlord’s 's failure to comply with Title III of the ADA as required above. (4b) To the extent governmentally required, Tenant shall be responsible for compliance, at its expense, with Titles I and III of the ADA with respect to its specific manner of use of the Premises and its leasehold improvements within the Premises. (5) . Tenant shall indemnify, defend and hold harmless Landlord and its Agents from all fines, suits, procedures, penalties, claims, liability, losses, expenses and actions of every kind, and all costs associated therewith (including, without limitation, reasonable attorneys’ ' and consultants’ ' fees) arising out of or in any way connected with Tenant’s 's failure to comply with Titles I and III of the ADA as required above.