Tenant Self-Help. If Landlord is in default under the Lease as hereinabove described (but Tenant may exercise its rights under this paragraph without prior notice if such prior notice is not reasonably possible due to an emergency situation that threatens or interrupts Tenant’s use of the Premises or the Building), Tenant, in addition to pursuing any or all other remedies at law or in equity, also shall have the right, subject to the limitations set forth below, to take such commercially reasonable actions as Tenant deems necessary to cure Landlord's default (or to cure or repair an emergency situation described above) and, if Landlord fails to reimburse Tenant for the reasonable costs, fees and expenses incurred by Xxxxxx in taking such curative actions within thirty (30) days after demand therefor, accompanied by supporting evidence of the expenses incurred by Tenant, Tenant (i) shall have the right to set off such reimbursement from the Minimum Monthly Rent and other amounts payable by Tenant in accordance with the terms hereof, or (ii) may bring an action for damages against Landlord to recover such costs, fees and expenses, together with interest thereon at the Interest Rate, and reasonable attorney's fees incurred by Xxxxxx in bringing such action for damages. Notwithstanding anything to the contrary contained herein, Landlord may contest its obligation to make any such payment or perform any such other act, and therefore Tenant’s right of self-help with respect thereto (a “Contest”) by delivering written notice (a “Contest Notice”) to Tenant of such Contest prior to the expiration of any applicable cure period set forth in this Lease. The parties agree to try in good faith to settle the Contest by mediation in accordance with this paragraph, and Tenant shall not exercise any self-help right pending such mediation process. Unless the parties mutually agree otherwise, such mediation shall be in accordance with Commercial Mediation Procedures of the American Arbitration Association (or any successor organization) currently in effect, and shall be concluded no later than five (5) business days after the date of the Contest Notice. Such mediation shall be conducted by a single mediator. The fee of the mediator shall be paid equally by the parties, and each party shall pay all other costs incurred by it in connection with the mediation. Notwithstanding the foregoing, in the event of an emergency, Tenant may exercise self-help rights to preserve property or prevent injury t...
Tenant Self-Help. In the event Landlord defaults under the terms and conditions of this Lease, beyond any applicable notice or cure periods, Tenant may, at its option (in addition to all other rights and remedies specifically set forth in this Lease), upon further written notice to Landlord of Tenant’s intention to exercise its self-help remedies hereunder and after providing Landlord with an additional ten (10) day cure period thereafter, incur any reasonable expense necessary to perform the obligation of Landlord specified in such notice and xxxx landlord for the reasonable and actual costs thereof. Notwithstanding the foregoing, if an emergency shall exist which requires immediate action in order to prevent death, bodily injury, or significant property damage and/or prevent a material interference with Tenant’s business operations at the Premises, Tenant may cure such default with only reasonable (under the circumstances) notice to Landlord being required. If Landlord has not reimbursed Tenant within thirty (30) days after receipt of Tenant’s xxxx and copies of paid invoices, then Tenant may deduct the reasonable cost of such expense from the Rent next becoming due (but in no event more than fifty percent (50%) of the Rent due in any applicable month), together with interest thereon at 8%. ADDITIONAL PROVISIONS ARE SET FORTH IN A RIDER OR RIDERS ATTACHED HERETO. Landlord and Tenant have signed this Lease as of the date first shown above. “LANDLORD” “LANDLORD” By: Gateway 80 Industrial PG, LLC a Delaware limited liability company, Managing Member By: PDC Sacramento LLC, a Delaware limited liability company Its Manager By: /s/ Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx, Local Partner “TENANT” By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: CEO
Tenant Self-Help. If Landlord fails to perform or to commence and diligently pursue its repair and/or maintenance obligations under Section 7.1 or elsewhere in this Lease within thirty (30) days following notice from Tenant of same (or such shorter period of time if an emergency exists that prevents Tenant from accessing the Tenant Space or that may result in injury to persons or actual damage to property), then Tenant shall have the right, but shall not be obligated, to perform all such repairs or maintenance (“Tenant Self-Help”); provided, however, in any event where Tenant intends to exercise its rights contained herein with regard to equipment located outside of the Tenant Space, Tenant hereby agrees to indemnify, defend, and hold harmless Landlord and the Landlord Group from and against (and to reimburse Landlord and the Landlord Group) for any and all Claims arising directly from Tenant’s gross negligence or willful misconduct in the performance of Tenant Self-Help in any portion of the Building or the Property by Tenant or any other Tenant Party or any person engaged by Tenant or any other Tenant Party to perform such Tenant Self-Help. Any amounts actually expended by Tenant to reasonably effect such repair and/or maintenance shall be reimbursed by Landlord to Tenant within thirty (30) days after receipt of Tenant’s written demand therefor. If Landlord, within thirty (30) days of such written demand, neither reimburses such amount nor provides written notice to Tenant that Landlord disputes such amount or the legal or factual basis for Tenant’s demand, then (and not otherwise) Tenant shall have the right to offset such amount against Rent.
Tenant Self-Help. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not perform any construction, repair or other work or provide any service pursuant to the exercise of Tenant’s right to do so upon Landlord’s failure to do so as required under this Lease unless same is capable of being performed by Tenant (i) taking action wholly within the Demised Premises, (ii) without altering or adversely affecting any of the structural components, the roof, or the lobby of the Building (other than Tenant’s private lobby which forms a part of the Demised Premises); the Building’s systems, any area outside of the Demised Premises, or any facility serving any other leased premises in the Building, and (iii) without adversely affecting the use or occupancy of any other tenant in the Building for the purposes permitted by such tenant’s lease, other than to a de minimis extent. If Tenant rightfully elects to perform construction, repair or other work, then Tenant shall promptly commence performance of same and shall prosecute the same diligently and with continuity to completion.
Tenant Self-Help. If Landlord defaults under this Lease or neglects or refuses to make necessary repairs, replacements or maintenance required to be made by Landlord by the terms of this Lease, and Tenant, in a non-emergency situation, desires to cure such default, make such repairs or perform such maintenance, repairs or replacements on behalf of and for the account of Landlord, Tenant may take such action, including obtaining an estimate which shall include the estimated cost for the parts and labor required to have Tenant or Tenant’s agent make such maintenance, repairs or replacements. Tenant shall then forward a copy of such estimate to Landlord along with written notice of its election to make such repairs, replacements or maintenance. If Landlord fails to cure such default or make such repairs, replacements or maintenance within five (5) days after the date of Tenant’s written notice, Tenant may: (a) if the estimate is less than or equal to $10,000.00, make such repairs or perform such maintenance, and Landlord shall pay Tenant’s costs within thirty (30) days after receipt of a bxxx therefor; or (b) if the estimate is more than $10,000.00, make such repairs or perform such maintenance upon expiration of an additional five (5) day period as provided in a second written notice to Landlord, and Landlord shall pay Tenant’s costs within thirty (30) days after receipt of a bxxx therefor, but Landlord’s costs shall be capped at the amount included in the original written estimate. If Landlord fails to pay Tenant’s costs within thirty (30) days after receipt of a bxxx therefor, then Tenant may deduct Tenant’s costs, plus interest thereon at the Interest Rate, from subsequent months’ payments of Minimum Rent and Additional Rent; PROVIDED, HOWEVER, notwithstanding the foregoing, Tenant shall not deduct more than fifty percent (50%) of the total payment of Minimum Rent and Additional Rent due to Landlord each month. In the event of an emergency, Tenant shall only be required to give Landlord as much notice as is practical, and Landlord shall pay Tenant’s reasonable costs within 30 days after receipt of a bxxx therefor. Tenant shall have no liability to Landlord for any loss or damage which may result to Landlord’s stock or business by reason of such repairs, replacements or maintenance, except for Tenant’s negligence or willful misconduct, subject to Section 29.16.
Tenant Self-Help. Landlord shall be in default if it shall fail to perform or observe any term, condition, covenant or obligation as required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord specifying the items in default or, in the case of a default or a contingency that cannot with due diligence, in good faith, be cured within said thirty (30) day period, then within such extended period as may be necessary to complete the same in the ordinary course, but not more than sixty (60) days after Xxxxxx’s initial written notice from Tenant to Landlord specifying the items in default. Upon the occurrence of any such default, Tenant may (but is not obligated to) cure such default on behalf of Landlord and in Tenant’s discretion, Tenant may offset and deduct the reasonable costs and expenses incurred by Tenant in curing such default (plus a 15% administrative fee) from Base Rent and/or any other amounts owed to Landlord under this Lease, or, if requested by Tenant, Landlord shall reimburse Tenant for the reasonable cost and expense incurred by Tenant in curing such default (plus a 15% administrative fee) upon written request. In addition to any of the foregoing remedies, if Landlord is in default or breach of the terms of this Lease, Tenant may sue for specific performance, injunctive relief or to recover damages for any loss resulting from such breach, and Tenant may terminate this Lease and/or pursue any remedies available at law or in equity.
Tenant Self-Help. In the event that Tenant is not able to use any portion of the Premises for its intended use as a result of a default by Landlord in the performance of (i) Landlord’s maintenance obligations expressly provided in this Lease, or (ii) any other obligations of Landlord expressly provided in this Lease that causes an emergency or material disruption to the normal conduct of Tenant’s business in the Premises, in either case during the first twenty (20) days of the Landlord Cure Period, then Tenant may, at its option, upon delivery of an additional written notice to Landlord take reasonable actions to cure such default if Landlord has not cured such default within ten (10) days after delivery of the additional written notice to Landlord; provided, however, with respect to maintenance obligations within or impacting the Premises in the event of an Emergency, Tenant may proceed with curing such default without sending such additional notice and within such shorter time as reasonably determined by Tenant under the circumstances. With respect to the additional written notice referenced above, Tenant must expressly state that it is exercising its remedies pursuant to this Section. In the event Tenant takes any action to cure a default, Tenant shall only utilize the services of a qualified contractor which normally and regularly performs similar work at comparable buildings. Promptly following completion of any work performed by Tenant pursuant to the terms of this Section 21.9(b), Tenant shall deliver a detailed invoice of the work completed, the materials used, and the costs relating thereto. Landlord shall reimburse Tenant for the reasonable out-of-pocket costs of such cure within thirty (30) days after receipt of such invoice and other supporting documentation.
Tenant Self-Help. If Landlord shall fail to perform any covenant or obligation under this Agreement on the part of Landlord to perform, Tenant may, at its option, put or cause the same to be performed, and in such case the Tenant shall have the right to offset against rent all out-of-pocket costs and expenses associated with such performance or to deliver to Landlord an invoice for such costs and expenses, which Landlord shall pay within thirty (30) days after receipt.
Tenant Self-Help. In the event Landlord fails to make promptly any repairs required of Landlord hereunder, or fails to perform any of its other obligations, Tenant may, at its option, if such failure continues for more than thirty (30) days after Tenant has provided notice to Landlord (except that no prior notice shall be required in an emergency), make such repairs or perform such obligations to Landlord’s account and the cost thereof will become an obligation of Landlord under this Lease, payable within thirty (30) days of demand and any such amount shall bear interest at the Lease Interest Rate, as defined in Section 5, from the date of demand. If Landlord fails timely to pay any amounts due to Tenant pursuant to this Section 15 and Tenant obtains an arbitrator’s award that Landlord should have paid such amount, Tenant shall have the right to deduct such amounts from the next installments of Base Rent and other charges due from Tenant under the Lease.
Tenant Self-Help. If Landlord fails to commence any Landlord Repairs, and such failure continues for five (5) Business Days following Landlord’s receipt of written notice of such failure, then Tenant, upon twenty-four (24) hours’ prior written notice (“Tenant’s Self Help Notice”) delivered to Landlord, shall have the right to perform such portion of the Landlord Repairs (“Tenant Self Help”). Tenant’s Self Help Notice shall identify with specificity the nature of the Landlord Repairs to be undertaken by Tenant and shall include a copy of any cost or bid proposal submitted to Tenant by such contractor. Landlord shall reimburse the actual out-of-pocket reasonable costs of Tenant’s Self Help within thirty (30) days following Tenant’s delivery of (a) a written notice describing in reasonable detail the actions taken by Tenant, and (b) reasonably satisfactory evidence of the cost of such remedy.
