Self-Help Rights. If (i) Overlandlord fails to make repairs or perform its maintenance obligations with regard to the Premises in accordance with the Xxxxxxxxx then, upon written request of Tenant, Landlord shall provide to Overlandlord the notices referenced in Section 15.04 of the Xxxxxxxxx and (ii) the other conditions necessary for Landlord to exercise the Self Help Right with regard to the Premises pursuant to Section 15.04 of the Xxxxxxxxx are met including, without limitation, the expiration of the applicable time period provided to Overlandlord to discharge its obligations as set forth in Section 15.04 of the Xxxxxxxxx ("Overlandlord's Cure Period"), then Tenant shall have the right to exercise such Self Help Right provided (a) Tenant is not then in default under this Sublease, beyond notice and applicable cure periods, (b) Tenant shall have provided written notification to Landlord that Overlandlord's Cure Period has expired and Overlandlord's failure to make repairs or perform its maintenance obligations with regard to the Premises continues uncured, (c) Landlord has not notified Tenant within two (2) Business Days following delivery of the notice described in the foregoing clause (b) that Landlord elects to exercise the Self Help Right or thereafter Landlord fails to diligently prosecute the applicable repair or maintenance to completion, (d) Tenant's exercise of the Self Help Right shall be performed entirely within the Premises and shall not affect any portion of the Xxxxxxxxx Premises outside of the Premises, (e) Tenant's exercise of the Self Help Right would not reasonably be expected to interfere with Landlord's use or occupancy of, or rights to exercise the Self Help Right with respect to, any portion of the Xxxxxxxxx Premises outside of the Premises, and (f) Tenant shall notify Landlord prior to exercising the Self Help Right of its intention to do so. Notwithstanding the foregoing, Tenant shall cease immediately exercising such Self Help Right upon notice that Overlandlord has declared such exercise a default under Xxxxxxxxx.
Self-Help Rights. If Guarantor fails or refuses to perform any or all monetary or non-monetary obligations that are guaranteed hereunder and, in the case of any non-monetary obligations, such failure or refusal continues for twenty (20) days following written notice thereof to Guarantor, then, in addition to any other rights and remedies which any Beneficiary may have hereunder or elsewhere, and not in limitation thereof, any Beneficiary shall have the right (but without any obligation so to do) to take action (including the payment of amounts due to any third party) to satisfy such obligation either before or after the exercise of any right or remedy of United against Contractor or Guarantor. The amounts of any and all expenditures so made by United in satisfaction of such obligation (INCLUDING ANY SUCH EXPENDITURE ARISING FROM OR IN CONNECTION WITH UNITED’S NEGLIGENCE IN TAKING SUCH ACTION, BUT EXCEPTING ANY SUCH EXPENDITURES TO THE EXTENT PROVEN TO HAVE BEEN CAUSED BY OR ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UNITED) shall be immediately due and payable to United by Guarantor.
Self-Help Rights. In addition to the rights set forth in Section 9.3, if Landlord or Tenant fails to timely pay or perform any of its respective obligations under this Lease, which failure is not cured within all applicable notice, grace and cure periods, then the other party shall have the right but not the obligation to advance any such payment and/or perform any such obligation on the defaulting party’s behalf, in which event the amount of any such advance and/or the out-of-pocket cost of any such performance shall (a) bear interest at the Default Rate until paid in full, and (b) together with any accrued interest, be deemed Additional Rent payable by the defaulting party hereunder within fifteen (15) Business Days after delivery by the curing party of an invoice for such amount.
Self-Help Rights. If Guarantor fails or refuses to perform any or all monetary or non-monetary obligations that are guaranteed hereunder and, in the case of any non-monetary obligations, such failure or refusal continues for twenty (20) days following written notice thereof to Guarantor, then, in addition to any other rights and remedies which any Beneficiary may have hereunder or elsewhere, and not in limitation thereof, any Beneficiary shall have the right (but without any obligation so to do) to take action (including the payment of amounts due to any third party) to satisfy such obligation either before or after the exercise of any right or remedy of Continental against Contractor or Guarantor. The amounts of any and all expenditures so made by Continental in satisfaction of such obligation (including any such expenditure arising from or in connection with continental's negligence in taking such action, but excepting any such expenditures to the extent proven to have been caused by or arising from the gross negligence or willful misconduct of Continental) shall be immediately due and payable to Continental by Guarantor.
Self-Help Rights. If LCP fails to maintain in good condition and/or repair any damage to Road A and/or Road C as required above, then BCSD may notify LCP in writing. If LCP fails to correct such matters within ninety (90) days of receipt of such notice, or, if such matter cannot be corrected within ninety (90) days, if LCP fails to begin to correct such matter within such ninety (90) day period and complete such matters in a reasonable time thereafter, BCSD may, in its sole discretion, maintain and repair Road A and/or Road C, and LCP shall reimburse BCSD for all actual costs and expenses incurred by BCSD in performing such maintenance and/or repair.
Self-Help Rights. 1. If a party shall violate any covenant or agreement made by it in this Lease and such violation shall not have been corrected within thirty (30) calendar days following receipt of written notice thereof, or if such violation is such that it cannot be corrected within thirty (30) calendar days and the nonperforming party shall not have commenced to correct such violation within thirty (30) calendar days, then the other party may, in addition to whatever other rights and remedies it may have at law or in equity, take such action which is considered to be commercially reasonable and prudent in scope and cost to correct the violation for and on behalf of the nonperforming party at the nonperforming party’s expense. Upon completion of such cure, the performing party shall invoice the nonperforming party for the reasonable costs and expenses incurred by the performing party in correcting such violations. The cure or correction of the violation by the non-defaulting party shall not be deemed to waive the Event of Default, unless the nonperforming party makes payment to the performing party within the periods set forth in this subparagraph.
2. If the nonperforming party is Landlord and Tenant cures the nonperformance as set forth above but Landlord fails to make the payment as set forth above within thirty (30) calendar days from the receipt of such invoice, then Tenant shall notify Landlord in writing that it has not received payment and shall provide Landlord with five (5) Business Days to deliver payment to Tenant. Such notice shall contain a legend in bold type that if Landlord fails to pay such amounts to Tenant within five (5) Business Days Tenant shall exercise its right to offset such amounts against Basic Annual Rent. If Tenant has not received payment within such five (5) Business Day period then Tenant shall have the right to offset such actual costs and expenses, only after receipt of a non-appealable judgment against Landlord, against Basic Annual Rent due Landlord. Tenant shall give Landlord written notice of the exercise of any such offset right and the amount being offset.
3. If the nonperforming party is Tenant, Landlord shall have all rights and remedies set forth elsewhere in this Lease or provided by law for Events of Default. In addition, if Landlord cures the nonperformance but Tenant fails to make the payment as set forth above within thirty (30) calendar days from the receipt of such invoice, then, after the expiration of any notice and/o...
Self-Help Rights. If either CCP 29 or CCP 30 (as applicable, the “Non- Performing Party”) fails to perform, in any material respect, its obligations contained in this Easement Agreement on its part to be performed in the manner therein provided, then the other party (as applicable, the “Self Help Party”) shall have the right, but not the obligation, upon thirty (30) days’ written notice to the Non-Performing Party (unless within such thirty (30) day period the Non- Performing Party cures such default, or in the case of a default that by its nature cannot be cured within such thirty (30) day period, such longer period as is reasonably required to cure so long as the Non-Performing Party commences the curing thereof within such thirty (30) day period, and thereafter diligently prosecutes the curing thereof to completion) to proceed to take such action as shall be necessary to cure such default, all in the name of and for the account of the Non-Performing Party. In such case, the Non-Performing Party shall on written demand reimburse the Self-Help Party for the out-of-pocket expenses reasonably incurred by the Self-Help Party (including reasonable attorneys’ fees), in so doing.
Self-Help Rights. If either Landlord or Tenant defaults in making any payment to or for the benefit of the other (whether required by this Lease or otherwise) or in the performance of any other obligation imposed on it by this Lease, after written notice thereof, then the aggrieved party (without waiving any claim of breach or for damages) at any time thereafter may make such payment or cure such other default for the account of the defaulting party. The reference in the immediately preceding sentence to Landlord or Tenant, as appropriate, giving the other notice and time to cure shall in no event be deemed to be a requirement duplicative of notice and cure provisions provided under another provision of this Lease. If necessary to protect the interest of either party in the Demised Premises, or to prevent the interruption or further interruption of the conduct of business in the Demised Premises, or to prevent injury to persons or damage to property, either party may cure a default by the other prior to the expiration of the waiting period but after oral or written notice to the other party.
Self-Help Rights. If either Guarantor fails or refuses to perform any or all monetary obligations that are guaranteed hereunder and such failure or refusal continues for twenty (20) days following written notice thereof to Guarantors, then, in addition to any other rights and remedies which any Beneficiary may have hereunder or elsewhere, and not in limitation thereof, any Beneficiary shall have the right (but without any obligation so to do) to take action (including the payment of amounts due to any third party) to satisfy such obligation either before or after the exercise of any right or remedy of United against Contractor or Guarantors. The amounts of any and all reasonable expenditures so made by United in satisfaction of such obligation (INCLUDING ANY SUCH EXPENDITURE ARISING FROM OR IN CONNECTION WITH UNITED’S NEGLIGENCE IN TAKING SUCH ACTION, BUT EXCEPTING ANY SUCH EXPENDITURES TO THE EXTENT PROVEN TO HAVE BEEN CAUSED BY OR ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UNITED) shall be immediately due and payable to United by Guarantor. Any such payments shall be subject to the Guaranty Cap and shall reduce the Guaranty Cap dollar for dollar.
Self-Help Rights. The self-help rights for Tenant described in the second paragraph of Section 2.2 of the Lease will not apply (i) with respect to the Parking Lot Improvements for the Phase 1 Area unless such improvements are not Substantially Complete by July 1, 1997, and (ii) with respect to the Parking Lot Improvements for the Phase 2 Area, unless such improvements are not Substantially Complete within sixty (60) days following the date Tenant removes its temporary office trailers from the Phase 2 Area, as each such date is subject to extension by one (1) day for each day Landlord is delayed in constructing the applicable improvements due to Force Majeure Delays.
