Non-Compliance With Codes Not Caused By Tenant Clause Samples

Non-Compliance With Codes Not Caused By Tenant. If the Determination indicates that non-compliance with the ADA and/or the Seismic Codes was caused by the mere existence of the facility in question (i.e., the non-complying condition was not caused, directly or indirectly, by Tenant's use, occupancy or enjoyment of the Premises and all owners of property similarly situated are or would generally be required to comply), then Tenant shall: (i) deliver a copy of the Determination to Landlord within five (5) calendar days after Tenant's receipt thereof; and (ii) promptly and immediately cause all work of improvement to be made to the Premises as are required to comply with the Determination. However, Tenant shall only be obligated to pay the first One Hundred Thousand Dollars ($100,000.00) in the aggregate of costs to comply with the ADA, and, the first One Hundred Thousand Dollars ($100,000.00) in the aggregate of costs to comply with the Seismic Code. Subject to Landlord's approval rights under Section 8.1, all costs in excess of $100,000 for ADA-related corrective work, and all costs in excess of $100,000 for Seismic-related corrective work, shall be paid by Landlord ("Landlord's Code obligation"). Landlord's Code obligation shall then become an item of operating Cost of the Premises pursuant to Article 4 of this Lease; however, said Landlord's Code Obligation shall be amortized (with interest at 10% per annum) over the shorter of: (A) the remaining Term of this Lease (including any option Periods for which an Option has been timely and properly exercised); or (B) ten (10) years; provided, however, if the amortization of Landlord's Code Obligation has commenced but Tenant later timely and properly exercises an Option to extend the Term of this Lease, the then unamortized portion of Landlord's Code Obligation shall at the commencement of the option Period be amortized (with interest at 10% per annum) over the shorter of: (D) the remainder of the Term of this Lease (including the option Period just commenced); or (E) ten (10) years.
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Related to Non-Compliance With Codes Not Caused By Tenant

  • Compliance with Codes The School shall be located in facilities that comply with all applicable State and county building, zoning, fire, health, and safety code requirements. 7.3.1. If the School is located in facilities other than DOE facilities, the School shall obtain and maintain any necessary certificates or permits required for use and occupancy of the School's facilities from the applicable building, zoning, fire, health, and safety authorities. The School shall immediately notify the Commission in the event that any such certificate or permit is jeopardized, suspended, or revoked. 7.3.2. The School shall comply at all times with the occupancy capacity limits set by zoning, building, fire, and other applicable regulations. 7.3.3. Any other law to the contrary notwithstanding, any categorical exemptions afforded to State agencies from building, zoning, fire, health and safety laws, regulations, codes, standards, and requirements shall not be applicable to the School except as approved by the Commission, which approval shall not be unreasonably withheld. Where necessary, the School shall be responsible for requesting permits and approvals from appropriate governmental agencies in compliance with this subparagraph.

  • Compliance with Code comply and will procure that any Operator will comply with and ensure that the Ship and any Operator will comply with the requirements of the Code, including (but not limited to) the maintenance and renewal of valid certificates pursuant thereto throughout the Security Period;

  • Termination for Non-Compliance with E-Verify Pursuant to section 448.095(5)(c)1., F.S., the Department shall terminate the Term Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. Pursuant to section 448.095(5)(c)2., F.S., if the Department has a good faith belief that a subcontractor knowingly violated section 448.09(1), F.S., the Department shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor.

  • Compliance with Company Policies During Executive’s employment with the Company, Executive shall be governed by and be subject to, and Executive hereby agrees to comply with, all Company policies, procedures, rules and regulations applicable to employees generally or to employees at Executive’s grade level, including without limitation, the Burger King Companies’ Code of Business Ethics and Conduct, in each case, as they may be amended from time to time in the Company’s sole discretion (collectively, the “Policies”).

  • COMPLIANCE WITH COVENANTS, RESTRICTIONS AND BUILDING CODE Lessor warrants that any improvements (other than those constructed by Lessee or at Lessee's direction) on or in the Premises which have been constructed or installed by Lessor or with Lessor's consent or at Lessor's direction shall comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances in effect on the Commencement Date. Lessor further warrants to Lessee that Lessor has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable building codes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Said warranties shall not apply to any Alterations or Utility Installations (defined in Paragraph 7.3(a)) made or to be made by Lessee. If the Premises do not comply with said warranties, Lessor shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee given within six (6) months following the Commencement Date and setting forth with specificity the nature and extent of such non-compliance, take such action, at Lessor's expense, as may be reasonable or appropriate to rectify the non-compliance. Lessor makes no warranty that the Permitted Use in Paragraph 1.8 is permitted for the Premises under Applicable Laws (as defined in Paragraph 2.4).