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” GATEWAY 80 INDUSTRIAL, LLC, a Delaware limited liability company 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” BLUE APRON, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: CEO Signature Page RIDERS TO LEASE AGREEMENT
Tenant Self-Help. If an Emergency Situation or Adverse Condition involving the Premises (or other areas of the Property which Tenant has the right to use or occupy pursuant to this Lease) or Tenant’s personnel or property exists, then, without limitation of the provisions of Article 6 and Article 23 of this Lease, Landlord shall promptly commence and diligently perform all Landlord Repairs or take such other actions, if any, required of Landlord under this Lease necessary to cure or remediate such Emergency Situation or Adverse Condition (“Emergency Repairs”). If Landlord fails to commence promptly or to perform diligently such Emergency Repairs or other actions required of Landlord under this Lease to cure or remediate such Emergency Situation or Adverse Condition, then Tenant, upon providing Landlord with such prior notice as is reasonable under the circumstances (which notice: (x) may, if circumstances so dictate, be given by contacting by telephone any representative of Landlord at the office of the Building or any person designated by Landlord in writing to Tenant from time to time as an emergency contact person for the Building (it being agreed that Tenant shall use reasonable efforts to actually speak with (as opposed to leaving a message for) each such representative or emergency contact person of Landlord, but that if Tenant is unable to reach any such contact person or representative of Landlord and the Emergency Situation in question requires immediate action, Tenant may undertake such action without actually speaking with any such representative or contact person, in which event Tenant shall leave a message for such person, if an answering machine or message service is available therefor), and (y) shall clearly indicate that Tenant intends to take steps necessary to remedy the event giving rise to the Emergency Situation or Adverse Condition in question), may perform such Emergency Repairs or other actions at Landlord’s expense; provided, however, that in no event shall Tenant undertake any actions which will or are reasonably likely to adversely affect (other than to a de minimis extent) the structure of the Building or any Building systems or the premises of any other tenant of the Building. If Tenant exercises its right to perform Emergency Repairs or other actions on Landlord’s behalf, as provided above, then Landlord shall reimburse the actual out-of-pocket reasonable cost thereof within thirty (30) days following Tenant’s delivery of: (i) a written notice ...
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. 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. 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. Landlord covenants and agrees that if Landlord shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Tenant after thirty (30) days written notice to Landlord (or shorter period in the event of an emergency) may, but shall not be obligated to, and without waiving or releasing Landlord from any obligation of Landlord under this Lease, make such payment or perform such other act to the extent Tenant may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by Tenant and all expenses in connection therewith, together with interest thereon at rate of ten percent per annum from the date of such payment, shall be deemed Additional Rent hereunder and be payable to Tenant on demand.
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. If Landlord shall neglect or fail to perform or observe any of the terms, provisions, conditions or covenants herein contained and on Landlord's part to be performed or observed, and if such neglect or failure shall continue for a period of thirty (30) days after receipt by Landlord of written notice of such neglect or failure, or if more than thirty (30) days are required to cure such default (because of the nature of the default and of the necessary cure), and Landlord fails, within such thirty (30) day period to begin to cure the default or, having begun to cure such default within the thirty (30) day period, Landlord thereafter is not diligently and continuously proceeding to cure the default to completion, Tenant shall have the right to exercise self-help in order to cure such default. Landlord shall reimburse Tenant for the reasonable cost of such cure, within thirty (30) days following Landlord's receipt of fully executed mechanics' lien waivers and bills marked "paid". In the event that Landlord does not reimburse Tenant in accordance with the terms and provisions of the preceding sentence, interest shall accrue, from the date of Tenant's presentation to Landlord of such fully executed mechanics' lien waivers and receipted bills, at the interest rate set forth in Section 3.2.1 of this Lease. In the event that Landlord has not reimbursed Tenant within sixty (60) days following Tenant's presentation to Landlord of fully executed mechanics' lien waivers and receipted bills, Tenant shall have the right to deduct such reasonable costs of cure from payment(s) of Minimum Rent until such sum has been fully recouped.
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. 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.
