Permitting Authority. (a) Tenant and its employees, agents and contractors shall comply with and give notices required by any Applicable Law (as defined below in Section 8.4) bearing on any work in the Premises, including the Tenant Improvements and any Alterations made to the Premises by Tenant pursuant to Article 10, whether under jurisdiction of Landlord’s building officials or other governmental authorities. The Parties acknowledge and agree that Landlord holds separate functions under this Lease (a) as landlord or owner, in its proprietary capacity, under this Lease, and (b) as the permitting agency, acting in its sovereign and autonomous governmental capacity under Article IX of the California State Constitution (the “Permitting Authority”), as building official with full power and authority to authorize, approve, permit and inspect the design, alteration, improvement, and construction of buildings and structures, including activities related to design review, building permit issuance, construction inspections, permit sign-off, final inspections, and issuance of Certificates of Occupancy. (b) The officials responsible for compliance and enforcement of Landlord’s facilities are the Certified Building Official and Designated State Fire Marshal who provide compliance oversight and enforcement of all Applicable Laws for building and codes and standards (including California Code of Regulations, Title 24) as well as fire and life safety under delegated authority from the California State Fire Marshal. Official acts issued or taken under the authority of Landlord’s Certified Building Official or Designated State Fire Marshal shall be made under each official’s authority. Tenant or its employees, agents and contractors shall pay all reasonable and customary fees and costs for the services referenced in this Section. (c) Tenant and its employees, agents and contractors accept the requirements governing the permitting of the Tenant Improvements and will file all submittals reasonably requested by the Permitting Authority required in order to ensure compliance of all work. ▇▇▇▇▇▇ agrees to abide by the jurisdiction of the Permitting Authority throughout the Term and shall perform all work and construct any improvements or alterations, including the Tenant Improvements, in conformance with the approved Plans and Specifications, construction documents and Applicable Law. (d) The Permitting Authority shall at all times, during which construction or any activities are occurring on the Premises, be afforded reasonable access to the Premises for the purpose of observing and inspecting the work, and observing any testing or inspections performed by other governmental authorities, independent inspection firms and testing laboratories hired by Tenant or its employees, agents and contractors. The Permitting Authority shall inspect all work to assess conformance with all Applicable Laws. Such review and inspection will not relieve Tenant from the obligation during the Term to be in full compliance with all Applicable Laws, the construction documents and this Lease. (e) Upon receipt of verification by the Architect that the work has been completed, the Permitting Authority shall conduct a final inspection and shall either issue a Certificate of Occupancy or advise Tenant of any deficiencies or additional work that the Permitting Authority determines must be completed to achieve conformance with the permitted final Plans and Specifications and Applicable Laws. When the Permitting Authority determines that the applicable work has reached final completion, the Permitting Authority shall issue a duly executed Certificate of Occupancy with respect to the Premises in a customary and legally compliant form. All decisions of the Permitting Authority shall be final and binding. (f) The Permitting Authority’s reviews, comments, approvals or disapprovals of any submittals made by Tenant or its employees, agents and contractors, including submittals made prior to execution of the Lease, shall not constitute an opinion or warranty by Lessor or the Permitting Authority of their adequacy, shall not make Lessor or the Permitting Authority responsible for the work or its design, and shall not constitute a waiver of any claim by Lessor or the Permitting Authority for any defect or deficiency with respect to the Plans and Specifications or any portion of the work.
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Sources: Lease Agreement, Retail Lease