Self-Help Remedy Clause Samples
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Self-Help Remedy. If Landlord shall fail to perform any repair Obligations required under this Lease that are materially detrimental to Tenant’s business, then Tenant may elect, but shall not be obligated, to make such repairs at Landlord’s expense by complying with the following provisions of this Section 11.06. Before making any such repair, Tenant shall deliver to Landlord a Notice for the need for such repair (‘Self-Help Request’), which Notice shall specifically advise Landlord that Tenant intends to proceed to complete any or all such repairs on behalf of Landlord. Should Landlord fail, within 30 (thirty) business days following receipt of the Self-Help Request (or, (i) if such repair, acts to be done or conditions to be remedied which, by their nature, cannot be performed, done or remedied, as the case may be, within such 30 (thirty) business day period, no default shall be deemed to have occurred if Landlord commences same within such 30 (thirty) business day period and thereafter diligently and continuously prosecutes the same to completion, or (ii) within 24 (twenty-four) hours following Notice in the event of necessary emergency repairs), to complete the necessary repair or to make other arrangement reasonably satisfactory to Tenant, then Tenant shall have the right to make such repair on behalf of Landlord. Landlord shall reimburse Tenant for the reasonable costs of such repairs within 30 (thirty) business days following receipt of costs incurred by ▇▇▇▇▇▇ (only if evidenced by invoices and receipts); provided however that: (i) Tenant shall indemnify Landlord against any damage to the Building resulting from Tenant’s effecting repair; (ii) that in no event shall Tenant have the right to offset Rent against such costs; and (iii) If Landlord disputes the said amount or the liability, Landlord may contest its liability or the amount thereof per the terms of the Lease Agreement. The self-help and reimbursement remedy described herein is herein and hereafter referred to as the ‘Self-Help Request’. In the event that the work could affect the Building’s structural, main electrical, HVAC (if applicable), roofing or main plumbing components or systems, then Tenant shall use only those contractors used by Landlord in the construction of the Building for such work. If those contractors are unwilling or unable to perform the work, Tenant may retain the services of qualified, reputable contractors.
Self-Help Remedy. The term “Self Help Remedy,” shall have the meaning set forth in Section 6.4 of this Agreement.
Self-Help Remedy. If, in ▇▇▇▇▇' reasonable judgment, the City fails to perform its maintenance and repair obligations as set forth in this Article 2, ▇▇▇▇▇ may provide written notice to the City informing the City that it is not in compliance with this Article 2 ("Article 2
Self-Help Remedy. The term “Self-Help Remedy” shall mean that Lessee shall have the right, but not the obligation, to assume all of Lessor’s right and interest in and to the Construction Documents, the GMP Contract, and any other contracts or materials relating to the Lessor Improvements designated by Lessee, and to cause the Lessor Improvements to be installed and constructed in accordance with the GMP Contract. Notwithstanding the foregoing, and regardless of an assumption by Lessee, Lessee shall not be obligated to assume, pay off or extinguish obligations such as without limitation interest, penalties, or other sums arising out of defaults or other failures by Lessor to perform its obligations under any such contracts, which shall remain the sole obligation of Lessor.
Self-Help Remedy. For purposes of this Lease, a “Landlord Self-Help Default” will have occurred if:
(i) a Landlord Default occurs under Paragraph 9.3.A;
(ii) Tenant’s notice, pursuant to Paragraph 22.8.A, of a Landlord default includes a detailed description of the nature and scope of the alleged Landlord default, and states that in the event such Landlord default matures into a Landlord Default and Landlord fails to notify Tenant that Landlord in good faith disputes the existence of a default by Landlord, Tenant may elect to cure such Landlord Default via exercise of the Self-Help Remedy (hereinafter defined);
(iii) Such Landlord Default has resulted in or, if left uncorrected would be likely imminently to result in: (1) material loss or damage to property of Tenant at the Property, or injury to Tenant’s agents, employees, contractors or invitees; or (2) material interference with Tenant’s operation of its business in the Premises or access to the Premises; or (3) all or a material part of the Premises being untenantable; and
(iv) Landlord fails to notify Tenant within 30 days after the effective delivery date (pursuant to Paragraph 33.14) that Landlord, in good faith, disputes that the Landlord Default alleged by Tenant (as set forth in clause (ii) above) to have occurred under Paragraph 9.3
Self-Help Remedy