Common use of Self-Help Clause in Contracts

Self-Help. Notwithstanding that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”.

Self-Help. Notwithstanding In order to facilitate Landlord’s completion of any work, repairs or restoration of any nature that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue are required to be performed by Tenant in accordance with any provisions hereof, upon the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms occurrence of the Operating Agreements to the extent applicable to the Common Areas earlier of (i) a Tenant Event of Default hereunder and (ii) any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults default by Tenant in the performance of such work under this Lease or as required by any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on applicable Additional Fee Mortgagee Requirement, then, so long as (x) Landlord has provided Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice prior written notice thereof and Tenant has not cured such default within such thirty day period) and (y) an “Event of Default” has occurred under the Fee Mortgage Documents, Landlord shall have the right, from and after the occurrence of a default beyond applicable notice and cure periods under any applicable Fee Mortgage Documents, to enter onto the Leased Property and perform any and all such work and labor necessary as reasonably determined by Landlord of Tenant’s intention to take such specified action complete any work required by Tenant hereunder or expend any sums therefor and/or employ watchmen to protect the Leased Property from damage (except collectively, the “Landlord Work”). In connection with the foregoing, Landlord shall have the right: (i) to use any funds in the event Cap Ex Reserve for the applicable Facility for the purpose of an emergencymaking or completing such Landlord Work; (ii) to employ such contractors, defined subcontractors, agents, architects and inspectors as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required)required for such purposes; (iii) to pay, cure settle or compromise all existing bills and claims which are or may become Liens against the Leased Property, or as may be necessary or desirable for the completion of such Landlord Work, or for clearance of title; (iv) to execute all applications and certificates in the name of Tenant which may be required by any default by of the contract documents; (v) to prosecute and defend all actions or proceedings in connection with the Leased Property or the rehabilitation and repair of the Leased Property; and (vi) to do any and every act which Tenant might do on its own behalf to complete the Landlord under the Operating Agreements with respect Work. Nothing in this Lease shall: (1) make Landlord responsible for making or completing any Landlord Work; (2) require Landlord to expend funds in addition to the Applicable Terms and/or enforce, in its own name, the obligations of Cap Ex Reserve to make or complete any other obligor under the Operating Agreements Landlord Work; (3) obligate Landlord to proceed with respect any Landlord Work; or (4) obligate Landlord to Applicable Terms (demand from Tenant additional sums to the extent make or complete any Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Work.

Self-Help. Notwithstanding In order to facilitate Landlord’s completion of any work, repairs or restoration of any nature that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue are required to be performed by Tenant in accordance with any provisions hereof, upon the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms occurrence of the Operating Agreements to the extent applicable to the Common Areas earlier of (i) a Tenant Event of Default by Tenant hereunder, and (ii) any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults default by Tenant in the performance of such work under this Lease or as required by any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on applicable Additional Fee Mortgagee Requirement, then, so long as (x) Landlord has provided Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice prior written notice thereof and Tenant has not cured such default within such thirty day period) and (y) an “Event of Default” has occurred under the Fee Mortgage Documents, Landlord shall have the right, from and after the occurrence of a default beyond applicable notice and cure periods under any applicable Fee Mortgage Documents, to enter onto the Leased Property and perform any and all such work and labor necessary as reasonably determined by Landlord of Tenant’s intention to take such specified action complete any work required by Tenant hereunder or expend any sums therefor and/or employ watchmen to protect the Leased Property from damage (except collectively, the “Landlord Work”). In connection with the foregoing, Landlord shall have the right: (i) to use any funds in the event Cap Ex Reserve for the purpose of an emergencymaking or completing such Landlord Work; (ii) to employ such contractors, defined subcontractors, agents, architects and inspectors as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required)required for such purposes; (iii) to pay, cure settle or compromise all existing bills and claims which are or may become Liens against the Leased Property, or as may be necessary or desirable for the completion of such Landlord Work, or for clearance of title; (iv) to execute all applications and certificates in the name of Tenant which may be required by any default by of the contract documents; (v) to prosecute and defend all actions or proceedings in connection with the Leased Property or the rehabilitation and repair of the Leased Property; and (vi) to do any and every act which Tenant might do on its own behalf to complete the Landlord under the Operating Agreements with respect Work. Nothing in this Lease shall: (1) make Landlord responsible for making or completing any Landlord Work; (2) require Landlord to expend funds in addition to the Applicable Terms and/or enforce, in its own name, the obligations of Cap Ex Reserve to make or complete any other obligor under the Operating Agreements Landlord Work; (3) obligate Landlord to proceed with respect any Landlord Work; or (4) obligate Landlord to Applicable Terms (demand from Tenant additional sums to the extent make or complete any Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Work.

Self-Help. Notwithstanding that If Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable causes damage to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms a result of the Operating Agreements to negligence or willful conduct of Landlord or the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms Parties or fails to enforce provide any services, perform any repairs or maintenance, or perform any other obligation of Landlord under the obligations Lease and, in either case, the damage caused or the failure materially and adversely affects the conduct of Tenant's business from any portion of the Premises, or materially and adversely affects Tenant's occupancy or use of any other obligee under any Operating Agreement with respect part of the Premises, or materially and adversely affects Tenant’s access to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant mayand Landlord fails to commence corrective action within a reasonable period of time, given the circumstances, but shall in any event not be obligated to, after later than thirty (30) days’ days after an Interruption Notice from Tenant, subject to extension for delays due to Force Majeure, or if Landlord timely commences such corrective action but thereafter fails to diligently complete such action, then Tenant, in its sole and absolute discretion and without limiting any other remedies of Tenant’s intention , may perform Landlord's obligations itself and deduct the reasonable cost thereof from Rent next coming due, subject to take such specified action (except the procedure set forth below. Notwithstanding the foregoing, in the event of an emergencyEmergency, defined Tenant may take immediate action, without any prior notice (but with notice as soon as practical under the circumstances and without requiring Arbitration) to Landlord or cure period. For purposes of this Section 8.5(a), an "Emergency" shall mean a condition presenting situation that poses an imminent threat to (i) the life or safety of harm to persons and any person, (ii) the structural integrity of a Building, (iii) the continuous operation of Building Systems, or (iv) the physical condition or operation of Tenant's personal property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (but only to the extent such personal property is necessary to Tenant's critical operations. If Tenant performs any obligation of Landlord, Tenant may provide Landlord would be permitted with a demand for reimbursement of the costs incurred by Tenant, together with reasonable supporting documentation. Landlord shall have forty-five (45) days following receipt of Tenant's demand either to do so, subject to (i) pay the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary amount demanded by Tenant or (except in the event of an emergency), ii) notify Tenant that Landlord disputes Tenant’s foregoing 's right to exercise its self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time remedy or that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for contends that the reasonable costs incurred by Tenant in performing any exercising its self-help remedy were excessive (in which case Landlord shall pay the amount it contends would not have been excessive). If Landlord fails, within said forty-five (45) business day period, either to pay Tenant the amount of Landlord’s obligations its demand or to notify Tenant of its objection to Tenant's demand, Tenant shall be entitled to offset the amount demanded by Tenant, together with interest, from the Rent thereafter payable by Tenant, up to a maximum of twenty-five percent (25%) of the amount of each such payment of monthly Rent until fully credited, provided, however if the remainder of the Rent thereafter becoming payable under this Lease would be insufficient at the Operating Agreements or enforcing 25% level to fully credit Tenant its costs, then when the obligations remaining Rent payable equals the remainder of any Person under any Operating Agreements with respect the offset credit that Tenant is due, Tenant may deduct its costs from the remainder of the Rent payable without regard to such 25% limitation. If Landlord notifies Tenant of its objection to Tenant's demand within said fifteen (15) business day period, the Applicable Terms (including reasonable attorneys’ fees and expenses)dispute shall be submitted to binding Arbitration administered by JAMS/Endispute in the Simi Market within which the Property is situated, as more particularly described in Article 32. If Landlord fails to which pay any amounts awarded to Tenant has provided such thirty in the arbitration within fifteen (30)-day Notice. The foregoing rights 15) business days, Tenant shall be entitled to deduct the amount of Tenant are referred to as “Self-Help”the award, together with interest, from the Rent thereafter payable by Tenant.

Self-Help. Notwithstanding that If Landlord may be shall at any time fail to perform any Tenant Self-Help Obligation, as hereinafter defined, and should such failure continue beyond the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as grace period set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised PremisesSection 7.2, Tenant may, but shall not be obligated toso to do, after ten (10) days’ written notice (except that, in the case of emergency or imminent threat to the safety of occupants in the Premises or material property damage within the Premises, upon such shorter notice as may be reasonably practicable under the circumstances), to and demand upon Landlord explicitly setting forth the basis for Tenant’s claim of default and specifying that Tenant intends to invoke Tenant’s rights under this Section 7.3 (“Tenant’s Self Help Notice”), and without waiving, or releasing Landlord from, any obligations of Landlord in this Lease contained, perform such Tenant Self-Help Obligation in such manner and to such extent as may be reasonably necessary. For the purposes hereof, “Tenant Self-Help Obligations” shall be defined as any service, maintenance, repair or other obligation that Landlord is obligated to provide or perform pursuant to the provisions of this Lease, except for any service, maintenance or repair which (a) requires work outside of the Premises (except for components of systems which may be located outside of the Premises but which exclusively serve the Premises, provided that Tenant’s exercise of its rights under this Section 7.3 will in no way affect Landlord’s operation of the Building or other tenants or occupants of the Building), or (b) might affect other tenants or occupants of the Building or the Office Park. Without limiting the foregoing, maintenance and repairs to the roof, structure, common Building systems and the public areas and amenities, plazas, common areas and other non-leasable areas of the Office Park (the “Common Areas”) shall not be considered to be Tenant Self-Help Obligations. All sums reasonably so incurred and paid by Tenant and all reasonable and necessary costs and expenses of Tenant incidental to Tenant’s proper exercise of self help rights pursuant to this Section 7.3, together with interest thereon at the Applicable Rate (as defined in Section 9.16) from the date of the making of such expenditures by Tenant, shall be payable to the Tenant within thirty (30) days’ Notice to Landlord days of Tenant’s intention furnishing Landlord an invoice therefor, accompanied by reasonable substantiation, and Landlord covenants to take pay any such specified action sum or sums with interest as aforesaid if not timely paid. If Landlord fails to reimburse Tenant for the sums paid by Tenant within thirty (except in the event 30) days of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be requiredTenant’s invoice (together with supporting documentation), cure any default by and Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shallhas not, within ten (10) Business Days after business days of its receipt of such invoice, given written notice to Tenant objecting to such demand and stating that Landlord has filed suit in a court of competent jurisdiction to determine whether or not Tenant had validly exercised its self-help right hereunder (or if Landlord has timely disputed Tenant’s demand invoice, has filed suit and supporting documentation has thereafter failed to pay Tenant the amount of any final, unappealable award against Landlord within thirty (30) days after the issuance thereof) then subject to the last sentence of this paragraph, Tenant shall have the right to offset the amount of such sums demanded by Tenant (together with any attorneys’ fees and costs to which Tenant may be entitled pursuant to Section 9.29 of this Lease if there has been a final, unappealable award against Landlord) against the Annual Fixed Rent and Additional Rent payable under this Lease until offset in reasonable detailfull. Notwithstanding the foregoing, Tenant shall have no right to reduce any monthly installment of Annual Fixed Rent by more than twenty percent (20%) of the amount of Annual Fixed Rent which would otherwise have been due and payable by Tenant to Landlord, unless the aggregate amount of such deductions over the remainder of the Lease Term (as the same may have been extended) will be insufficient to fully reimburse Tenant for the reasonable costs incurred amount demanded by Tenant, in which event Tenant may effect such offset by making deductions from each monthly installment of Annual Fixed Rent, Additional Rent and other charges payable by Tenant under this Lease in performing any equal monthly amounts which are in excess of Landlord’s obligations under such twenty percent (20%) amount over the Operating Agreements or enforcing balance of the obligations remainder of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Lease Term.

Self-Help. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that if Landlord may be the direct party fails to perform any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue under this Lease which it is obligated to be the responsible party for perform (including without limitation Landlord’s obligations under all Operating Agreements repair and any ground lease (where applicablemaintenance obligations) and Tenant shall comply with all non-monetary terms thereof which are applicable to within the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as time periods set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord Section 20 below, then Tenant shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do soperform such obligations on Landlord’s behalf in the Premises, provided Tenant first delivers to Landlord an additional two (2) business days prior written notice that Tenant will be performing such obligations, and provided further that Landlord fails to commence to perform such obligations within such additional two (2) business day period and diligently prosecute such work to completion. Notwithstanding the foregoing, if the nature of the unperformed obligation is such that a bona fide emergency involving an immediate and imminent danger to life, health or property or material interference with Tenant’s business exists, the foregoing time periods and those set forth in Section 20 shall be reasonably reduced based upon such emergency circumstances. All contractors engaged by Tenant pursuant to this Section shall be subject to the terms Landlord’s reasonable approval, and conditions under the Operating Agreements with respect Landlord agrees to Applicable Terms). Notwithstanding anything herein approve or reject any contractor proposed to the contrary be used by Tenant within twenty-four (except in the event 24) hours of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand notice, provided that if a proposed contractor is licensed and supporting documentation in reasonable detailreputable, and all requisite permits have been obtained for the desired work, then Landlord shall be deemed to have given its approval of the proposed contractor. Landlord agrees to promptly reimburse Tenant for following the receipt of a written statement of all reasonable and actual costs incurred by Tenant in performing such obligations on behalf of Landlord together with interest at the Interest Rate. If Landlord fails or refuses to so reimburse Tenant within thirty (30) days after demand for same, then commencing as of the expiration of said thirty (30) day period, Tenant shall have the right to offset the cost of performing any of Landlord’s such obligations together with interest at the Interest Rate from date such costs are incurred by Tenant, against rental or other charges payable under this Lease, and Tenant shall have the Operating Agreements right to pursue any other remedies against Landlord available to it for failure by Landlord to timely make such payment, subject to the limitations contained in this Lease. Subject to the foregoing offset right, nothing contained in this Section shall be interpreted to mean that Tenant shall be excused from paying rent or enforcing any other amount due under this Lease when due in the obligations event of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”alleged default by Landlord.

Self-Help. Notwithstanding that Landlord may be anything to the direct party contrary contained in Paragraph 14(a) of this Lease, and in addition to any or all Operating Agreements and ground leasesother available remedies, before if Landlord fails to perform any obligation under this Lease which it is obligated to perform within the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as time periods set forth in Schedule 2 Paragraph 23 of this Lease following receipt of written notice from Tenant, and if Landlord does not in good faith dispute that it is supposed to the Side Letter) with respect to be performing such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or obligation but fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted diligently attempt to do so, then Tenant shall be permitted to perform such obligations on Landlord's behalf in the Premises, provided Tenant first delivers to Landlord an additional two (2) business days prior written notice that Tenant will be performing such obligations, and provided Landlord fails to commence to perform such obligations within such additional two (2) business day period. If the obligations to be performed by Tenant will affect the structure of the Building or the Building's life safety, electrical, plumbing, HVAC or sprinkler systems, then Tenant shall use only those contractors used by Landlord in the Building for work thereon, provided Landlord notifies Tenant of the names of such contractors upon Tenant's request (unless such contractors are unwilling or unable to perform such work, in which event Tenant may utilize the services of any other qualified contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed). All other contractors shall be subject to the terms Landlord's reasonable approval, and conditions under the Operating Agreements with respect Landlord agrees to Applicable Terms). Notwithstanding anything herein approve or reject any contractor proposed to the contrary be used by Tenant within eight (except in the event 8) business hours (i.e., between 8:00 a.m. and 6:00 p.m., Monday through Friday) of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand 's second notice, provided that if a proposed contractor is licensed and supporting documentation bonded and all requisite permits have been obtained for the desired work, then Landlord agrees not to withhold its approval of the proposed contractor. Any work performed by or on behalf of Tenant shall be performed in reasonable detailaccordance with provisions of clauses (ii), (iii) and (iv) of Paragraph 13(d) of this Lease. Landlord agrees to promptly reimburse Tenant for following the receipt of a written statement of all reasonable and actual costs incurred by Tenant in performing any such obligations on behalf of Landlord’s obligations Landlord ("Costs"). If Landlord disputes Tenant's entitlement to some or all of the Costs and fails or refuses to reimburse such Costs to Tenant within thirty (30) days after Tenant's written demand therefor, then Tenant may deduct the Costs from rent due under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect this Lease after and only to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which extent Tenant has provided such thirty (30)-day Notice. The foregoing rights been authorized to do so by the arbitrator pursuant to and in accordance with the terms of Tenant are referred to as “Self-Help”Paragraph 43 of the Addendum hereof.

Self-Help. Notwithstanding In order to facilitate Landlord’s completion of any work, repairs or restoration of any nature that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue are required to be performed by Tenant in accordance with any provisions hereof, upon the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms occurrence of the Operating Agreements to the extent applicable to the Common Areas earlier of (i) an Event of Default by Tenant hereunder and (ii) any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults default by Xxxxxx in the performance of any such work under this Lease (so long as in the case of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on this clause (ii) Landlord has provided Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice prior written notice thereof and Tenant has not cured such default within such thirty day period), Landlord shall have the right, from and after such occurrence, to enter onto the Leased Property in compliance with all applicable laws and perform any and all such work and labor necessary as reasonably determined by Landlord of Tenant’s intention to take such specified action complete any work required by Tenant hereunder or expend any sums therefor and/or employ watchmen to protect the Leased Property from damage (except in collectively, the event of an emergency“Landlord Work”). In connection with the foregoing, defined as a condition presenting an imminent threat of harm to persons and propertyLandlord shall have the right, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforceeach case, in its own namereasonable discretion: (i) to use any funds in the FF&E Reserve, CapEx Reserve, or the obligations Construction Security (as applicable) for the purpose of making or completing such Landlord Work; (ii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (iii) to pay, settle or compromise all existing bills and claims which are or may become Liens against the Leased Property, or as may be necessary or desirable for the completion of such Landlord Work, or for clearance of title; (iv) to execute all applications and certificates in the name of Tenant which may be required by any other obligor under of the Operating Agreements contract documents; (v) to prosecute and defend all actions or proceedings in connection with respect to Applicable Terms the Leased Property or the rehabilitation and repair of the Leased Property; (to the extent Landlord would be permitted vi) to do so, subject any and every act which Tenant might do in its own behalf to complete the terms Landlord Work; and conditions under the Operating Agreements (vii) charge Tenant with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any connection with such Landlord Work and the exercise of Landlord’s obligations rights under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”.this Section 10.6

Self-Help. Notwithstanding that Landlord may be anything to the direct party contrary contained in Paragraph 14(c) of this Lease, and in addition to any or all Operating Agreements and ground leasesother available remedies, before if Landlord fails to perform any obligation under this Lease which it is obligated to perform within the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as time periods set forth in Schedule 2 Paragraph 23 of this Lease following receipt of written notice from Tenant, and if Landlord does not in good faith dispute that it is supposed to be performing such obligation but fails to diligently attempt to do so, then Tenant shall be permitted to perform such obligations on Landlord's behalf in the Premises, provided Tenant first delivers to Landlord an additional two (2) business days prior written notice that Tenant will be performing such obligations, and provided Landlord fails to commence to perform such obligations within such additional two (2) business day period. Additionally, if immediate repair to the Side LetterBuilding is necessitated by an emergency (meaning imminent threat of bodily injury or material property damage) with respect to such Operating Agreementswhich Landlord cannot timely respond, then Tenant, after notifying Landlord of said emergency, may undertake all necessary repairs to the Building reasonably required under the then existing emergency circumstances; provided, however, that Landlord reserves the right, at any time, to undertake the completion of any repair work begun by Tenant under emergency circumstances. Landlord If the obligations to be performed by Tenant, whether due to emergency circumstances or otherwise, will affect the structure of the Building or the Building's life safety, electrical, plumbing, HVAC or sprinkler systems, then Tenant shall use all commercially reasonable efforts to comply or cause only those contractors used by Landlord in the compliance with all terms Building for work thereon, provided Landlord notifies Tenant of the Operating Agreements names of such contractors upon Tenant's request (unless such contractors are unwilling or unable to perform such work, in which event Tenant may utilize the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations services of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premisesqualified contractor approved by Landlord, Tenant may, but which approval shall not be obligated tounreasonably withheld, after thirty conditioned or delayed). All other contractors shall be subject to Landlord's reasonable approval, and Landlord agrees to approve or reject any contractor proposed to be used by Tenant within eight (308) business hours (i.e., between 8:00 a.m. and 6:00 p.m., Monday through Friday) days’ Notice to Landlord of receipt of Tenant’s intention to take such specified action (except 's second notice, or, in the event of an emergency as contemplated above, as soon as reasonably possible after Landlord receives notice from Tenant of the repairs necessitated by such emergency, defined as provided that if a condition presenting an imminent threat proposed contractor is licensed and bonded and all requisite permits have been obtained for the desired work, then Landlord agrees not to withhold its approval of harm to persons and property, in which case no notice the proposed contractor. Any work performed by or on behalf of Tenant shall be requiredperformed in accordance with provisions of clauses (ii), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations (iii) and (iv) of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event Paragraph 13(d) of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligationsthis Lease. Landlord shall, within ten (10) Business Days after agrees to promptly reimburse Tenant following the receipt of Tenant’s demand a written statement of all reasonable and supporting documentation in reasonable detail, reimburse Tenant for the reasonable actual costs incurred by Tenant in performing any such obligations on behalf of Landlord’s obligations Landlord ("COSTS"). If Landlord disputes Tenant's entitlement to some or all of the Costs and fails or refuses to reimburse such Costs to Tenant within thirty (30) days after Tenant's written demand therefor, then Tenant may deduct the Costs from rent due under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect this Lease after and only to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which extent Tenant has provided such thirty (30)-day Notice. The foregoing rights been authorized to do so by the arbitrator pursuant to and in accordance with the terms of Tenant are referred to as “Self-Help”Paragraph 43 of the Addendum hereof.

Self-Help. Notwithstanding that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, (A) If Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and at any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults time default in the performance of any of obligation under this Lease (although notice and cure shall not be required either in an emergency or where Tenant has alleged in written notice to Landlord that an unsafe or dangerous condition exists), Landlord shall have the Applicable Terms or fails right, but shall not be obligated, to enforce enter upon the obligations of any other obligee under any Operating Agreement Premises and to perform such obligation notwithstanding the fact that no specific provision for such substituted performance by Landlord is made in this Lease with respect to such default. In performing such obligation, Landlord may make any payment of money or perform any other act. All sums so paid by Landlord (together with interest at the Applicable Terms rate of two (2) percentage points over the then prevailing prime rate in Boston as set by Bank of America, N.A. or its successor, but in no event greater than the maximum rate permitted by applicable law) and all costs and expenses in connection with the performance of any such act by Landlord, shall be deemed to be Additional Rent under this Lease and shall be payable to Landlord immediately on demand. Landlord may exercise the foregoing rights without waiving any other of its rights or releasing Tenant from any of its obligations under this Lease. (B) If Landlord shall at any time be in default or pursuant to the terms and conditions of this Lease attributable to its failure would reasonably be expected to result perform any act which Landlord is obligated to perform under this Lease, and (except in a material adverse effect on Tenant or any individual Demised Premisesthe case of emergency) should such failure continue beyond applicable grace periods, Tenant may, but shall not be obligated toso to do, after ten (10) business days’ written notice to and demand upon Landlord and Landlord’s mortgagee explicitly setting forth the basis for Tenant’s claim of default and specifying that Tenant intends to invoke Tenant’s rights under this Section 9.16(B) (or in the case of emergency or imminent threat to the safety of occupants in the Premises upon such shorter notice to Landlord and Landlord’s mortgagee as may be reasonably practicable under the circumstances) (“Tenant’s Self‑Help Notice”), and without waiving, or releasing Landlord from, any obligations of Landlord in this Lease contained, perform such act which Landlord is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary. Notwithstanding the foregoing, Tenant’s rights under this Section 9.16(B) shall not apply to any service, maintenance or repair which (a) requires work outside of the Premises (except for components of systems which may be located outside of the Premises but which exclusively serve the Premises, provided that Tenant’s exercise of its rights under this Section 9.16(B) will in no way affect Landlord’s operation of the Building or other tenants or occupants of the Building), or (b) might adversely affect other tenants or occupants of the Building or the Complex. All sums reasonably so incurred and paid by Tenant and all reasonable and necessary costs and expenses of Tenant incidental to Tenant’s proper exercise of self‑help rights pursuant to this Section 9.16(B), together with interest thereon at the annual rate equal to two (2) percentage points over the then prevailing prime rate in Boston as set by Bank of America, N.A. or its successor (but in no event greater than the maximum rate permitted by applicable law), from the date of the making of such expenditures by Tenant, shall be payable to the Tenant within thirty (30) days’ Notice to Landlord days of Tenant’s intention furnishing Landlord an invoice therefor, accompanied by reasonable substantiation, and Landlord covenants to take pay any such specified action sum or sums with interest as aforesaid if not timely paid. If Landlord fails to reimburse Tenant for the sums paid by Tenant within thirty (except in the event 30) days of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be requiredTenant’s invoice (together with supporting documentation), cure any default by and Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shallhas not, within ten (10) Business Days after business days of its receipt of such invoice, given written notice to Tenant objecting to such demand and stating that Landlord has filed suit in a court of competent jurisdiction to determine whether or not Tenant had validly exercised its self-help right hereunder (or if Landlord has timely disputed Tenant’s demand invoice, has filed suit and supporting documentation has thereafter failed to pay Tenant the amount of any final, unappealable award against Landlord within thirty (30) days after the issuance thereof) then subject to the last sentence of this paragraph, Tenant shall have the right to offset the amount of such sums demanded by Tenant against the Annual Fixed Rent and Additional Rent payable under this Lease until offset in reasonable detailfull. Notwithstanding the foregoing, Tenant shall have no right to reduce any monthly installment of Annual Fixed Rent by more than fifteen percent (15%) of the amount of Annual Fixed Rent which would otherwise have been due and payable by Tenant to Landlord, unless the aggregate amount of such deductions over the remainder of the Lease Term (as the same may have been extended) will be insufficient to fully reimburse Tenant for the reasonable costs incurred amount demanded by Tenant, in which event Tenant may effect such offset by making deductions from each monthly installment of Annual Fixed Rent in performing any equal monthly amounts over the balance of Landlord’s obligations under the Operating Agreements or enforcing remainder of the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Lease Term.

Self-Help. Notwithstanding In order to facilitate Landlord’s completion of any work, repairs or restoration of any nature that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue are required to be performed by Tenant in accordance with any provisions hereof, upon the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms occurrence of the Operating Agreements to the extent applicable to the Common Areas earlier of (i) an Event of Default by Tenant hereunder and (ii) any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults default by Tenant in the performance of any such work under this Lease (so long as in the case of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on this clause (ii) Landlord has provided Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice prior written notice thereof and Tenant has not cured such default within such thirty day period), Landlord shall have the right, from and after such occurrence, to enter onto the Leased Property in compliance with all applicable laws and perform any and all such work and labor necessary as reasonably determined by Landlord of Tenant’s intention to take such specified action complete any work required by Tenant hereunder or expend any sums therefor and/or employ watchmen to protect the Leased Property from damage (except in collectively, the event of an emergency“Landlord Work”). In connection with the foregoing, defined as a condition presenting an imminent threat of harm to persons and propertyLandlord shall have the right, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforceeach case, in its own namereasonable discretion: (i) to use any funds in the FF&E Reserve, CapEx Reserve, or the obligations Construction Security (as applicable) for the purpose of making or completing such Landlord Work; (ii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (iii) to pay, settle or compromise all existing bills and claims which are or may become Liens against the Leased Property, or as may be necessary or desirable for the completion of such Landlord Work, or for clearance of title; (iv) to execute all applications and certificates in the name of Tenant which may be required by any other obligor under of the Operating Agreements contract documents; (v) to prosecute and defend all actions or proceedings in connection with respect to Applicable Terms the Leased Property or the rehabilitation and repair of the Leased Property; (to the extent Landlord would be permitted vi) to do so, subject any and every act which Tenant might do in its own behalf to complete the terms Landlord Work; and conditions under the Operating Agreements (vii) charge Tenant with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any connection with such Landlord Work and the exercise of Landlord’s obligations rights under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”.this Section 10.6 as

Self-Help. Notwithstanding that If Landlord may be the direct party fails, within two (2) business days after delivery of a Tenant Self-Help Notice to any or all Operating Agreements commence Emergency Repairs and ground leasesthereafter diligently prosecute such Emergency Repairs to completion, before the Multi-Tenant Occupancy Datethen, unless Landlord has delivered a Landlord Dispute Notice (as defined below), Tenant shall continue have the right, but not the obligation, to be perform such Emergency Repairs at Landlord's expense; provided, however, that in no event shall Tenant undertake any actions which will or are reasonably likely to materially and adversely affect (other than to a de minimis extent): (a) the responsible party for Landlord’s obligations under all Operating Agreements and Building Structure, (b) the Building Systems, (c) the exterior appearance of the Building or (d) any ground lease (where applicable) and other tenant or occupant of the Building. If Tenant undertakes any Emergency Repairs, Tenant shall (i) proceed in accordance with all applicable Laws; (ii) retain only such reputable, experienced contractors and suppliers as are duly licensed in the City and, if Landlord has furnished to Tenant a reasonable list of Landlord's approved contractors for the Building, are included on such list, (iii)provide evidence to Landlord that all contractors and suppliers retained to perform the Emergency Repairs are insured in accordance with the provisions of Article 10 of this Lease; (iv) effect such repairs or perform such other actions in a good and workmanlike and commercially reasonable manner that will not adversely affect Landlord's warranties for the Building; (v) use new or like new materials; (vi) take reasonable efforts to minimize any material interference or impact on the other tenants and occupants of the Project, and (vii) otherwise comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as requirements set forth in Schedule 2 Article 8 of this Lease. Notwithstanding anything in this Section 7.3 to the Side Lettercontrary, the foregoing self-help right (a) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except apply in the event of an emergencyany Casualty, defined as a condition presenting an imminent threat of harm to persons it being acknowledged and property, in which case no notice agreed that Article 11 shall be required), cure any default by Landlord under the Operating Agreements govern with respect to the Applicable Terms and/or enforceany Casualty, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except b) shall not apply in the event of an emergency)any condemnation, Tenant’s foregoing right to exercise self-help it being acknowledged and agreed that Article 13 shall govern with respect to any such condemnation, and (c) shall not permit Tenant to access any other tenant's or occupant's space at the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Project.

Self-Help. Notwithstanding that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Multi‑Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary non‑monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help self‑help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day 30)‑day Notice. The foregoing rights of Tenant are referred to as “Self-HelpSelf‑Help”.

Self-Help. Notwithstanding that If Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce perform any obligation under the obligations of any other obligee under any Operating Agreement Amended Lease with respect to the Applicable Terms Premises which it is obligated to perform under Sections 11 and such default or failure would reasonably be expected 12.2 of the Original Lease within a reasonable period of time not to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after exceed thirty (30) days’ Notice to Landlord days following receipt of written notice from Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice Tenant shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do soperform such obligations in the Premises on Landlord’s behalf, provided Tenant first delivers to Landlord an additional three (3) business days prior written notice indicating that Tenant will be performing such obligations and provided Landlord fails to commence to perform its obligation(s) within such additional three (3) business day period or thereafter fails to diligently complete performance of such obligations having commenced performance within such three (3) business day period. If the obligations to be performed by Tenant will affect the Building’s life safety, electrical, plumbing, or sprinkler systems, Tenant shall endeavor to use only those contractors used by Landlord in the Building for work on such systems. Tenant shall have no right to perform any work on the Building’s heating, ventilating and air conditioning system. All other contractors shall be subject to the terms Landlord’s reasonable approval and conditions under the Operating Agreements with respect Landlord agrees to Applicable Terms). Notwithstanding anything herein approve or reject any contractor proposed to the contrary be used by Tenant within forty-eight (except in the event 48) business hours of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand second notice, provided that if a proposed contractor is duly licensed and supporting documentation bonded and all requisite permits have been obtained for the desired work, Landlord agrees not to withhold its approval of the proposed contractor and Tenant may proceed to cause such work to be performed (provided all requisite permits have been obtained for such work). Any work performed by or on behalf of Tenant shall be performed in reasonable detail, accordance with the provisions of this Lease governing Alterations. Landlord shall reimburse Tenant for the within thirty (30) days following receipt from Tenant of a written statement of all reasonable and actual costs incurred by Tenant in performing any such obligations on behalf of Landlord’s obligations . Nothing contained in this Section 10 shall be interpreted to mean that Tenant shall be excused from paying rent or any other amount due under the Operating Agreements or enforcing Amended Lease in the obligations event of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”alleged default by Landlord.

Self-Help. Notwithstanding In order to facilitate Landlord’s completion of any work, repairs or restoration of any nature that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue are required to be performed by Tenant in accordance with any provisions hereof, upon the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms occurrence of the Operating Agreements to the extent applicable to the Common Areas earlier of (i) an Event of Default by Tenant hereunder and (ii) any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults default by Tenant in the performance of such work under this Lease or as required by any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on applicable Additional Fee Mortgage Requirement, then, so long as (x) Landlord has provided Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice prior written notice thereof and Tenant has not cured such default within such thirty day period) and (y) an “Event of Default” has occurred under the Fee Mortgage Documents, Landlord shall have the right, from and after the occurrence of a default beyond applicable notice and cure periods under any applicable Fee Mortgage Documents, to enter onto the Leased Property and perform any and all such work and labor necessary as reasonably determined by Landlord of Tenant’s intention to take such specified action complete any work required by Tenant hereunder or expend any sums therefor and/or employ watchmen to protect the Leased Property from damage (except collectively, the “Landlord Work”). In connection with the foregoing, Landlord shall have the right: (i) to use any funds in the event FF&E Reserve or Cap Ex Reserve (as applicable) for the purpose of an emergencymaking or completing such Landlord Work; (ii) to employ such contractors, defined subcontractors, agents, architects and inspectors as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required)required for such purposes; (iii) to pay, cure settle or compromise all existing bills and claims which are or may become Liens against the Leased Property, or as may be necessary or desirable for the completion of such Landlord Work, or for clearance of title; (iv) to execute all applications and certificates in the name of Tenant which may be required by any default by of the contract documents; (v) to prosecute and defend all actions or proceedings in connection with the Leased Property or the rehabilitation and repair of the Leased Property; and (vi) to do any and every act which Tenant might do in its own behalf to complete the Landlord under Work. Nothing in this Lease shall: (1) make Landlord responsible for making or completing any Landlord Work; (2) require Landlord to expend funds in addition to the Operating Agreements FF&E Reserve or Cap Ex Reserve (as applicable) to make or complete any Landlord Work; (3) obligate Landlord to proceed with any Landlord Work; or (4) obligate Landlord to demand from Tenant additional sums to make or complete any Landlord Work. 84 ARTICLE XI LIENS Subject to the provisions of Article XII relating to permitted contests, Tenant will not directly or indirectly create or allow to remain and will promptly discharge at its expense any lien, encumbrance, attachment, title retention agreement or claim upon the Leased Property or any portion thereof or any attachment, levy, claim or encumbrance in respect of the Rent, excluding, however, (i) this Lease; (ii) the matters that existed as of the Commencement Date with respect to the Applicable Terms and/or enforce, Leased Property or any portion thereof (it being understood that nothing in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms this clause (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms ii) shall be tolled during such time that Landlord is using commercially reasonable efforts deemed to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of vitiate or supersede Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable costs incurred by Tenant in performing any of Landlord’s obligations under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expensesSections 4.2, 7.2(g), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”.9.1 and 10.3

Self-Help. Notwithstanding that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable anything to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as contrary contained in this Lease, Landlord agrees that if Landlord fails to perform any repair or maintenance obligation under this Lease which it is obligated to perform within the time periods set forth in Schedule 2 to the Side Letter) with respect to such Operating Agreements. Landlord Section 22 below, then Tenant shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do soperform such obligations on Landlord’s behalf in the Premises, provided Tenant first delivers to Landlord an additional two (2) business days prior written notice that Tenant will be performing such obligations, and provided Landlord fails to commence to perform such obligations within such additional two (2) business day period and diligently prosecutes such work to completion. Notwithstanding the foregoing, if the nature of the unperformed obligation is such that a bona fide emergency involving an immediate and imminent danger to life, health or property or material interference with Tenant’s business exists, the foregoing time periods and those set forth in Section 22 shall be reasonably reduced based upon such emergency circumstances. If the obligations to be performed by Tenant will affect the Building’s utility or mechanical systems, then Tenant shall use only those contractors used by Landlord in the Building for work on such systems if such contractors are available and able to act in a timely manner; otherwise, Tenant may use other qualified and reputable contractors. All other contractors shall be subject to the terms Landlord’s reasonable approval, and conditions under the Operating Agreements with respect Landlord agrees to Applicable Terms). Notwithstanding anything herein approve or reject any contractor proposed to the contrary be used by Tenant within twenty-four (except in the event 24) hours of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand second notice, provided that if a proposed contractor is licensed and supporting documentation reputable, and all requisite permits have been obtained for the desired work, then Landlord shall be deemed to have given its approval of the proposed contractor. Any work performed by or on behalf of Tenant shall be performed in reasonable detailaccordance with provisions of clauses (ii), (iii) and (iv) of Section 13(d) of this Lease. Landlord agrees to promptly reimburse Tenant for following the receipt of a written statement of all reasonable and actual costs incurred by Tenant in performing such obligations on behalf of Landlord together with interest at the Interest Rate. If Landlord fails or refuses to so reimburse Tenant within thirty (30) days after demand for same, then commencing as of the expiration of said thirty (30) day period, Tenant shall have the right to offset the cost of performing any of Landlord’s such obligations together with interest at the Interest Rate from date such costs are incurred by Tenant, against rental or other charges payable under this Lease, and Tenant shall have the Operating Agreements right to pursue any other remedies against Landlord available to it for failure by Landlord to timely make such payment, subject to the limitations contained in this Lease. Subject to the foregoing offset right, nothing contained in this Section 13(d) shall be interpreted to mean that Tenant shall be excused from paying rent or enforcing any other amount due under this Lease when due in the obligations event of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”alleged default by Landlord.

Self-Help. Notwithstanding that (A) If Tenant shall at any time fail to make any payment or perform any act which Tenant is obligated to make or perform under this Lease and (except in the case of emergency) if the same continues unpaid or unperformed beyond applicable grace periods, then Landlord may, but shall not be obligated so to do, after ten (10) business days’ written notice to and demand upon Tenant, or without notice to or demand upon Tenant in the case of any emergency, and without waiving, or releasing Tenant from, any obligations of Tenant in this Lease contained, make such payment or perform such act which Tenant is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary, and, in exercising any such rights, pay any costs and expenses, employ counsel and incur and pay reasonable attorneys’ fees. All sums so paid by Landlord and all reasonable and necessary costs and expenses of Landlord incidental thereto, together with interest thereon at the direct party annual rate equal to the sum of (a) the Base Rate from time to time announced by Bank of America, N.A. (or its successor) as its Base Rate and (b) two percent (2%) (but in no event greater than the maximum rate permitted by applicable law) (the “Default Rate”), from the date of the making of such expenditures by Landlord, shall be deemed to be Additional Rent and, except as otherwise in this Lease expressly provided, shall be payable to the Landlord on demand, and if not promptly paid shall be added to any rent then due or all Operating Agreements and ground leasesthereafter becoming due under this Lease, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant covenants to pay any such sum or sums with interest as aforesaid, and Landlord shall comply with all have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-monetary terms payment thereof which are applicable by Tenant as in the case of default by Tenant in the payment of Annual Fixed Rent. (B) If Landlord shall at any time be in default pursuant to the Demised terms and conditions of this Lease attributable to its failure to perform any act which Landlord is obligated to perform under this Lease and such failure solely impacts the Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth in Schedule 2 opposed to the Side Letter) with respect to such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply any common areas or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas common amenities), and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults except in the performance case of any of the Applicable Terms or fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and emergency) should such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premisescontinue beyond applicable grace periods, Tenant may, but shall not be obligated toso to do, after ten (10) business days’ written notice to and demand upon Landlord explicitly setting forth the basis for Tenant’s claim of default and specifying that Tenant intends to invoke Tenant’s rights under this Section 16.17 (or without notice to or demand upon Landlord in the case of any emergency) (“Tenant’s Self-Help Notice”), and without waiving, or releasing Landlord from, any obligations of Landlord in this Lease contained, perform such act which Landlord is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary. All sums reasonably so incurred and paid by Tenant and all reasonable and necessary costs and expenses of Tenant incidental to Tenant’s proper exercise of self-help rights pursuant to this Section 16.17, together with interest thereon at the annual rate equal to the sum of (a) the Base Rate from time to time announced by Bank of America, N.A (or its successor) as its Base Rate and (b) two percent (2%) (but in no event greater than the maximum rate permitted by applicable law), from the date of the making of such expenditures by Tenant, shall be payable to the Tenant within thirty (30) days’ Notice to Landlord days of Tenant’s intention furnishing Landlord an invoice therefor, accompanied by reasonable substantiation, and Landlord covenants to take pay any such specified action sum or sums with interest as aforesaid if not timely paid. If Landlord fails to reimburse Tenant for the sums paid by Tenant within thirty (except in the event 30) days of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be requiredTenant’s invoice (together with supporting documentation), cure any default by and Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shallhas not, within ten (10) Business Days after business days of its receipt of such invoice, given written notice to Tenant objecting to such demand and stating that Landlord has filed suit in a court of competent jurisdiction to determine whether or not Tenant had validly exercised its self-help right hereunder (or if Landlord has timely disputed Tenant’s demand invoice, has filed suit and supporting documentation has thereafter failed to pay Tenant the amount of any final, unappealable award against Landlord within thirty (30) days after the issuance thereof) then subject to the last sentence of this paragraph, Tenant shall have the right to offset the amount of such sums demanded by Tenant against the Annual Fixed Rent and Additional Rent payable under this Lease until offset in reasonable detailfull. Notwithstanding the foregoing, Tenant shall have no right to reduce any monthly installment of Annual Fixed Rent by more than fifteen percent (15%) of the amount of Annual Fixed Rent which would otherwise have been due and payable by Tenant to Landlord, unless the aggregate amount of such deductions over the remainder of the Lease Term (as the same may have been extended) will be insufficient to fully reimburse Tenant for the reasonable costs incurred amount demanded by Tenant, in which event Tenant may effect such offset by making deductions from each monthly installment of Annual Fixed Rent in performing any equal monthly amounts over the balance of Landlord’s obligations under the Operating Agreements or enforcing remainder of the obligations of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”Lease Term.

Self-Help. Notwithstanding that Landlord may be anything to the direct party contrary contained in Paragraph 14(a) of this Lease, and in addition to any or all Operating Agreements and ground leasesother available remedies, before if Landlord fails to perform any obligation under this Lease which it is obligated to perform within the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as time periods set forth in Schedule 2 Paragraph 23 of this Lease following receipt of written notice from Tenant, and if Landlord does not in good faith dispute that it is supposed to the Side Letter) with respect to be performing such Operating Agreements. Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or obligation but fails to enforce the obligations of any other obligee under any Operating Agreement with respect to the Applicable Terms and such default or failure would reasonably be expected to result in a material adverse effect on Tenant or any individual Demised Premises, Tenant may, but shall not be obligated to, after thirty (30) days’ Notice to Landlord of Tenant’s intention to take such specified action (except in the event of an emergency, defined as a condition presenting an imminent threat of harm to persons and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted diligently attempt to do so, then Tenant shall be permitted to perform such obligations on Landlord's behalf in the Premises, provided Tenant first delivers to Landlord an additional two (2) business days prior written notice that Tenant will be performing such obligations, and provided Landlord fails to commence to perform such obligations within such additional two (2) business day period. If the obligations to be performed by Tenant will affect the structure of the Building or the Building's life safety, electrical, plumbing, HVAC or sprinkler systems, then Tenant shall use only those contractors used by Landlord in the Building for work thereon, provided Landlord notifies Tenant of the names of such contractors upon Tenant's request (unless such contractors are unwilling or unable to perform such work, in which event Tenant may utilize the services of any other qualified contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed). All other contractors shall be subject to the terms Landlord's reasonable approval, and conditions under the Operating Agreements with respect Landlord agrees to Applicable Terms). Notwithstanding anything herein approve or reject any contractor proposed to the contrary be used by Tenant within eight (except in the event 8) business hours (i.e., between 8:00 a.m. and 6:00 p.m., Monday through Friday) of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand 's second notice, provided that if a proposed contractor is licensed and supporting documentation bonded and all requisite permits have been obtained for the desired work, then Landlord agrees not to withhold its approval of the proposed contractor. Any work performed by or on behalf of Tenant shall be performed in reasonable detailaccordance with provisions of clauses (ii), (iii) and (iv) of Paragraph 13(d) of this Lease. Landlord agrees to promptly reimburse Tenant for following the receipt of a written statement of all reasonable and actual costs incurred by Tenant in performing any such obligations on behalf of Landlord’s obligations Landlord ("Costs"). If Landlord disputes Tenant's entitlement to some or all of the Costs and fails or refuses to reimburse such Costs to Tenant within thirty (30) days after Tenant's written demand therefor, then Tenant may deduct the Costs from rent due under the Operating Agreements or enforcing the obligations of any Person under any Operating Agreements with respect this Lease after and only to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which extent Tenant has provided such thirty (30)-day Notice. The foregoing rights been authorized to do so by the arbitrator pursuant to and in accordance with the terms of Tenant are referred to as “Self-Help”Paragraph 44 of the Addendum hereof.

Self-Help. Notwithstanding that Landlord may be the direct party to any or all Operating Agreements and ground leases, before the Multi-Tenant Occupancy Date, Tenant shall continue to be the responsible party for Landlord’s obligations under all Operating Agreements and any ground lease (where applicable) and Tenant shall comply with all non-monetary terms thereof which are applicable anything to the Demised Premises and shall pay Tenant’s Proportionate Share of expenses (as set forth contrary in Schedule 2 to the Side Letter) with respect to such Operating Agreements. this Article 8, if Landlord shall use all commercially reasonable efforts to comply or cause the compliance with all terms of the Operating Agreements to the extent applicable to the Common Areas and any portions of the Property leased to third parties (“Applicable Terms”). In the event Landlord defaults in the performance of any of the Applicable Terms or fails to enforce the obligations of perform any other obligee obligation under any Operating Agreement this Lease with respect to the Applicable Terms and such default or failure would reasonably be expected Premises which it is obligated to result in perform under Article 8 within a material adverse effect on reasonable period of time not to exceed sixty (60) days following receipt of written notice from Tenant or any individual Demised Premisesas set forth above, Tenant mayshall be permitted to perform such obligations in the Premises on Landlord’s behalf, but provided Tenant first delivers to Landlord an additional three (3) business days prior written notice indicating that Tenant will be performing such obligations and provided Landlord fails to commence to perform its obligation(s) within such additional three (3) business day period or thereafter fails to diligently complete performance of such obligations having commenced performance within such three (3) business day period. If the obligations to be performed by Tenant is an emergency, as reasonably determined by Tenant, and will affect the Building’s life safety, electrical, plumbing, or sprinkler systems, Tenant shall use only licensed, commercial contractors for work on such systems and shall not be obligated toto give prior notice to Landlord but shall promptly give notice after the emergency work has been commenced, after that such work is in progress or has been completed. Any work performed by or on behalf of Tenant shall be performed in accordance with the provisions of this Lease governing Alterations. Landlord agrees to reimburse Tenant within thirty (30) days’ Notice to Landlord days following receipt from Tenant of Tenant’s intention to take such specified action (except in the event a written statement of an emergency, defined as a condition presenting an imminent threat of harm to persons all reasonable and property, in which case no notice shall be required), cure any default by Landlord under the Operating Agreements with respect to the Applicable Terms and/or enforce, in its own name, the obligations of any other obligor under the Operating Agreements with respect to Applicable Terms (to the extent Landlord would be permitted to do so, subject to the terms and conditions under the Operating Agreements with respect to Applicable Terms). Notwithstanding anything herein to the contrary (except in the event of an emergency), Tenant’s foregoing right to exercise self-help with respect to the obligations of any Person under the Operating Agreements with respect to the Applicable Terms shall be tolled during such time that Landlord is using commercially reasonable efforts to enforce such obligations. Landlord shall, within ten (10) Business Days after receipt of Tenant’s demand and supporting documentation in reasonable detail, reimburse Tenant for the reasonable actual costs incurred by Tenant in performing any such obligations on behalf of Landlord’s obligations . Nothing contained in this paragraph shall be interpreted to mean that Tenant shall be excused from paying rent or any other amount due under this Lease in the Operating Agreements or enforcing the obligations event of any Person under any Operating Agreements with respect to the Applicable Terms (including reasonable attorneys’ fees and expenses), as to which Tenant has provided such thirty (30)-day Notice. The foregoing rights of Tenant are referred to as “Self-Help”alleged default by Landlord.