8. Representations and Warranties by Tenant. As a material inducement to Landlord
entering into this Amendment, Tenant represents and warrants to Landlord that, as of the date of this Amendment:
(a) No Default.
The Lease is in full force and effect. To its actual knowledge, there are no defaults by Landlord or Tenant under the Lease and no circumstance has occurred which, but for the expiration of an applicable grace period, would constitute an event of
default by Landlord or Tenant under the Lease.
(b) Authority. Tenant has the full right, power, and authority to enter into this
Amendment, and the person executing this Amendment on its behalf is authorized to do so.
(c) No Assignment. Tenant is the sole
lawful tenant under the Lease and, except as set forth in the Recitals of this Amendment, (i) Tenant has not sublet, assigned, or otherwise transferred any of its right, title, or interest under the Lease, and (ii) no other person,
partnership, corporation, or other entity has any right, title, or interest in the Lease or the Premises, or the right to occupy or use all or any part of the Premises.
9. Representations and Warranties by Landlord. As a material inducement to Tenant entering into this Amendment, Landlord represents and
warrants to Tenant that, as of the date of this Amendment:
(a) No Default. The Lease is in full force and effect. To its actual
knowledge, there are no defaults by Landlord or Tenant under the Lease and no circumstance has occurred which, but for the expiration of an applicable grace period, would constitute an event of default by Landlord or Tenant under the Lease.
(b) Authority. Landlord has the full right, power, and authority to enter into this Amendment, and the person executing this Amendment
on its behalf is authorized to do so.
10. Brokerage Commissions. Landlord hereby represents and warrants to Tenant that it has
dealt with no broker, finder, or similar person in connection with this Amendment other than Colliers International (Broker), and Tenant hereby represents and warrants to Landlord that it has dealt with no broker, finder, or
similar person in connection with this Amendment other than Broker. Landlord and Tenant shall each defend, indemnify, and hold the other harmless with respect to all claims, causes of action, liabilities, losses, costs, and expenses (including
without limitation reasonable attorneys fees) arising from a breach of the foregoing representations and warranties. The commissions to Broker with respect to this Amendment, if any, shall be paid by Landlord pursuant to separate written
agreement between Landlord and Broker. Nothing in this Amendment shall impose any obligation on Landlord to pay a commission or fee to any party absent a separate express written agreement to pay such commission.
11. Accessibility. In accordance with California Civil Code Section 1938, Landlord hereby notifies Tenant that, except to the
extent known by or previously disclosed to Tenant, as of the date of this Amendment, Landlord has no actual knowledge of the Premises having been inspected by a Certified Access Specialist (CASp). The following notice is also hereby inserted
pursuant to California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility
standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for
3