Common use of Landlord’s Right to Notice and Cure; Tenant’s Self-Help Rights Clause in Contracts

Landlord’s Right to Notice and Cure; Tenant’s Self-Help Rights. The Landlord shall in no event be in default in the performance of any of the Landlord’s obligations hereunder unless and until the Landlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after written notice by the Tenant to the Landlord expressly specifying wherein the Landlord has failed to perform any such obligation. If the Landlord has failed to make any repair which results in a material risk of damage or injury to persons or property within the Premises within thirty (30) days of such notice, or such additional time as is required (provided the Landlord shall have commenced to undertake such repair within thirty (30) days of such notice and then diligently prosecutes such repair work) to make such repair, then the Tenant shall have the right, after providing an additional ten (10) days’ written notice to the Landlord, and any Mortgagee and Ground Lessor, to perform such obligation so long as the same may be done solely on the Property. Notwithstanding the foregoing, in the case of an emergency, the Tenant shall have the right to perform any such obligation without regard to the thirty (30) day notice period, so long as (a) the Tenant makes a good faith attempt to notify the Landlord prior to taking such action and (b) notifies the Landlord as soon as possible thereafter. The Landlord shall be liable to the Tenant for all of the Tenant’s reasonable costs associated with effecting such cure, provided that in no event shall the Tenant be entitled to xxxxx any Annual Fixed Rent or Additional Rent or otherwise offset such costs against sums due the Landlord under this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Immunogen Inc), Sublease Agreement (Aveo Pharmaceuticals Inc)

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Landlord’s Right to Notice and Cure; Tenant’s Self-Help Rights. The Landlord shall in no event be in default in the performance of any of the Landlord’s 's obligations hereunder unless and until the Landlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after written notice by the Tenant to the Landlord expressly specifying wherein the Landlord has failed to perform any such obligation. If the Landlord has failed to make any repair which results in a material risk of damage or injury to persons or property within the Premises within thirty (30) days of such notice, or such additional time as is required (provided the Landlord shall have commenced to undertake such repair within thirty (30) days of such notice and then diligently prosecutes such repair work) to make such repair, then the Tenant shall have the right, after providing an additional ten (10) days' written notice to the Landlord, and any Mortgagee and Ground Lessor, to perform such obligation so long as the same may be done solely on the Property. Notwithstanding the foregoing, in the case of an emergency, the Tenant shall have the right to perform any such obligation without regard to the thirty (30) day notice period, so long as (a) the Tenant makes a good faith attempt to notify the Landlord prior to taking such action and (b) notifies the Landlord as soon as possible thereafter. The Landlord shall be liable to the Tenant for all of the Tenant’s 's reasonable costs associated with effecting such cure, provided that in no event shall the Tenant be entitled to xxxxx any abatx xxx Annual Fixed Rent or Additional Rent or otherwise offset such costs against sums due the Landlord under this Lease.

Appears in 1 contract

Samples: Non Disturbance Agreement (Alkermes Inc)

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Landlord’s Right to Notice and Cure; Tenant’s Self-Help Rights. The Landlord shall in no event be in default in the performance of any of the Landlord’s obligations hereunder unless and until the Landlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after written notice by the Tenant to the Landlord expressly specifying wherein the Landlord has failed to perform any such obligation. If the Landlord has failed to make any repair which results in a material risk of damage or injury to persons or property within the Premises within thirty (30) days of such notice, or such additional time as is required (provided the Landlord shall have commenced to undertake such repair within thirty (30) days of such notice and then diligently prosecutes such repair work) to make such repair, then the Tenant shall have the right, after providing an additional ten (10) days’ written notice to the Landlord, and any Mortgagee and Ground Lessor, to perform such obligation so long as the same may be done solely on the PropertyProperty or within the common areas of the Building. Notwithstanding the foregoing, in the case of an emergency, the Tenant shall have the right to perform any such obligation without regard to the thirty (30) day notice period, so long as (a) the Tenant makes a good faith attempt to notify the Landlord prior to taking such action and (b) notifies the Landlord Tenant as soon as possible thereafter. The Landlord shall be liable to the Tenant for all of the Tenant’s reasonable costs associated with effecting such cure, provided that in no event shall the Tenant be entitled to xxxxx any Annual Fixed Rent or Additional Rent or otherwise offset such costs against sums due the Landlord under this Lease.. ARTICLE X

Appears in 1 contract

Samples: Lease (Aveo Pharmaceuticals Inc)

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