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<br /> ARTICLE 3: AFFIRMATIVE OBLIGATIONS <br /> 3.1 Landlord's Compliance with Laws. <br /> Landlord warrants that on the Commencement Date the Premises will be in <br /> compliance with all applicable federal, state, county, and local governmental and municipal <br /> laws, statutes, ordinances, rules, regulations, codes, decrees, orders, and other such <br /> requirements, and decisions by courts in cases where such decisions are considered <br /> binding precedents in the State of California (the "State"), and decisions of federal courts <br /> applying the laws of the State (collectively "Laws"). During the Term Landlord shall comply <br /> with all applicable Laws regarding the Premises and Building, except to the extent Tenant <br /> must comply under Sections 3.1.1 or 3.2. <br /> 3.1.1 Americans with Disabilities Act Provision. Landlord represents and <br /> warrants that as of the Commencement Date the Premises and the Building have been <br /> constructed and maintained in conformity with the Americans with Disabilities Act of 1990 <br /> (the IIADA"). Landlord shall be solely responsible for and shall, at Landlord's expense, <br /> make ~II changes in the Building, the core area and bathrooms on each floor of the <br /> Building (even if within the Premises), and the Premises' shell space necessary to achieve <br /> and maintain compliance with the requirements of the ADA related to the physical <br /> attributes of such areas, except that Tenant shall be responsible for any requirements <br /> under the ADA in the Premises which are triggered by Tenant's change in permitted use <br /> or alteration of the Premises subsequent to the execution of this Agreement. Tenant shall <br /> not be responsible for, and there shall be excluded from Operating Expenses hereùnder, <br /> any costs incurred by Landlord to comply with the ADA. <br /> 3.2 Tenant's Compliance with Laws. <br /> Tenant shall use the Premises in compliance with all federal, state, county, <br /> and local governmental and municipal law statutes, ordinances, rules, regulations, codes, <br /> decrees, orders, and other such requirements, and decisions by courts in cases where <br /> such decisions are considered binding precedents in the State of California (the "State"), <br /> and decisions of federal courts applying the laws of the State (collectively IILaws"). Tenant <br /> shall comply with all applicable Laws regarding the physical condition of the Premises, but <br /> only to the extent that the applicable Laws pertain to the particular manner in which Tenant <br /> uses the Premises or the particular use to which Tenant puts the Premises, if different from <br /> that permitted under Section 1.3 of this Lease. Tenant shall also comply with all applicable <br /> Laws which do not relate to the physical condition of the premises and with which only the <br /> 14 <br /> - ...---- <br /> T T" r" -, <br />