Common use of Tenant Self-Help Clause in Contracts

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 describing in reasonable detail the action taken by the Tenant, and (ii) reasonably satisfactory evidence of the cost of such remedy. In any case, in the event any Emergency Repairs are not accomplished by Landlord within a forty-eight (48) hour period after Landlord receives notice of the applicable Emergency Situation or Adverse Condition, Landlord within five (5) Business Days following Tenant’s written request therefor, shall provide to Tenant a preliminary schedule setting forth the basic steps Landlord proposes to be taken to effect the Emergency Repairs or other actions and the times when such work is proposed to be done. If Tenant undertakes any action pursuant to this Paragraph 8(C), Tenant shall (a) proceed in accordance with all applicable Laws; (b) retain to effect such actions only such reputable contractors and suppliers as are duly licensed in the City of Chicago and insured in accordance with the provisions of Article 7; (c) effect such repairs or perform such other actions in a good and workmanlike and commercially reasonable manner; (d) use new or like new materials; (e) take reasonable efforts to minimize any material interference or impact on the other tenants and occupants of the Property, and (e) otherwise comply with all applicable requirements set forth in Article 7 hereof (other than any requirements to obtain Landlord’s approval of, or to provide Landlord with notice of, any Alteration Work set forth in said Article 7).

Tenant Self-Help. If an Emergency Situation or Adverse Condition involving the Premises Tenant may provide Landlord written notice if Landlord fails to (or other areas i) comply with any of the Property which Tenant has the right to use or occupy pursuant to its repair and maintenance obligations under this Lease, or (ii) or Tenant’s personnel or property exists, then, without limitation of comply with its obligations to provide services under the provisions of Article 6 and Article 23 terms of this Lease, both subject to Unavoidable Delay (as defined in the Work Agreement). Tenant's written notice shall specify the action required to be taken, demand that Landlord proceed with such action, and indicate that Tenant may perform on Landlord's behalf if Landlord fails to timely respond. Landlord shall, within three (3) days after receipt of such notice (or immediately after receipt of such notice if Landlord's failure to comply with its Lease obligations gives rise to an emergency), commence investigation of the cause of the asserted problem. Landlord shall promptly commence such repair or replacement, or other action, 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 pursue completion thereof. In the event that (“Emergency Repairs”). If x) Landlord fails to commence promptly respond to Tenant's notice within the foregoing three (3) day period, 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 fails to take steps necessary to remedy the event giving rise to the Emergency Situation or Adverse Condition in question)promptly commence, 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 diligently pursue and ultimately complete same within thirty (30) days following Tenant’s delivery of: of commencement (or such shorter or longer period of time as is commercially reasonable under the circumstances) any action set forth in clauses (i) a written notice describing in reasonable detail the action taken by the Tenant, and (ii) reasonably satisfactory evidence of above, then, if the cost of such remedy. In any caserepair, in the event any Emergency Repairs are not accomplished by Landlord within a forty-eight (48) hour period after Landlord receives notice of the applicable Emergency Situation replacement or Adverse Condition, Landlord within five (5) Business Days following Tenant’s written request therefor, shall provide to Tenant a preliminary schedule setting forth the basic steps Landlord proposes other action required to be taken to effect does not affect the Emergency Repairs structure of the Building and does not affect the mechanical, electrical, plumbing or other actions and the times when such work is proposed base building systems then, upon written notice to be done. If Tenant undertakes any action pursuant to this Paragraph 8(C)Landlord, Tenant shall (a) proceed in accordance with all applicable Laws; (b) retain have the right to effect such actions only such reputable contractors and suppliers as are duly licensed in the City of Chicago and insured in accordance with the provisions of Article 7; (c) effect such repairs repair or perform replacement, or pursue such other actions action as may reasonably be necessary in order to correct the condition. Landlord shall reimburse Tenant on demand for all of the reasonable costs and expenses incurred by Tenant in connection with such foregoing remedial activities plus an administrative overhead charge equal to twenty percent (20%) of the actual cost of repair. Any repair, replacement or other work performed by Tenant shall be performed in a good and workmanlike manner and commercially reasonable manner; (d) use new or like new materials; (e) take reasonable efforts to minimize in strict compliance with any material interference or impact on the other tenants Federal, state, local and occupants of the Propertymunicipal laws, rules, regulations and ordinances, and (e) otherwise comply with all applicable requirements set forth in Article 7 hereof (other than any requirements shall be performed by licensed and bonded contractors carrying customary insurance coverage, which insurance shall include Landlord as an additional insured. Notwithstanding anything to obtain Landlord’s approval ofthe contrary contained herein, or to provide no payment by Tenant shall be construed as a waiver of a default by Landlord with notice of, any Alteration Work set forth in said Article 7)under this Section 14.7.

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 perform or to perform commence and diligently such Emergency Repairs pursue its repair and/or maintenance obligations under Section 7.1 or other actions required of Landlord under elsewhere in 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 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 delivery of: (i) a written notice describing gross negligence or willful misconduct in reasonable detail the action taken by the Tenant, and (ii) reasonably satisfactory evidence performance of Tenant Self-Help in any portion of the cost of 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 remedyTenant Self-Help. In any case, in the event any Emergency Repairs are not accomplished Any amounts actually expended by Tenant to reasonably effect such repair and/or maintenance shall be reimbursed by Landlord to Tenant within a forty-eight thirty (4830) hour period days after Landlord receives notice receipt of the applicable Emergency Situation or Adverse Condition, Landlord within five (5) Business Days following Tenant’s written request demand therefor. If Landlord, shall provide within thirty (30) days of such written demand, neither reimburses such amount nor provides written notice to Tenant a preliminary schedule setting forth that Landlord disputes such amount or the basic steps Landlord proposes to be taken to effect the Emergency Repairs legal or other actions factual basis for Tenant’s demand, then (and the times when such work is proposed to be done. If Tenant undertakes any action pursuant to this Paragraph 8(C), not otherwise) Tenant shall (a) proceed in accordance with all applicable Laws; (b) retain have the right to effect offset such actions only such reputable contractors and suppliers as are duly licensed in the City of Chicago and insured in accordance with the provisions of Article 7; (c) effect such repairs or perform such other actions in a good and workmanlike and commercially reasonable manner; (d) use new or like new materials; (e) take reasonable efforts to minimize any material interference or impact on the other tenants and occupants of the Property, and (e) otherwise comply with all applicable requirements set forth in Article 7 hereof (other than any requirements to obtain Landlord’s approval of, or to provide Landlord with notice of, any Alteration Work set forth in said Article 7)amount against Rent.

Tenant Self-Help. If an Emergency Situation or Adverse Condition involving the Premises Tenant may provide Landlord written notice if Landlord fails to (or other areas i) comply with any of the Property which Tenant has the right to use or occupy pursuant to its repair and maintenance obligations under this Lease, or (ii) or Tenant’s personnel or property exists, then, without limitation of comply with its obligations to provide services under the provisions of Article 6 and Article 23 terms of this Lease, both subject to Unavoidable Delay (as defined in the Work Agreement). Tenant's written notice shall specify the action required to be taken, demand that Landlord proceed with such action, and indicate that Tenant may perform on Landlord's behalf if Landlord fails to timely respond. Landlord shall, within seven (7) days after receipt of such notice (or immediately after receipt of such notice if Landlord's failure to comply with its Lease obligations gives rise to an emergency), commence investigation of the cause of the asserted problem. Landlord shall promptly commence such repair or replacement, or other action, 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 pursue completion thereof. In the event that (“Emergency Repairs”). If x) Landlord fails to commence promptly respond to Tenant's notice within the foregoing seven (7) day period, 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 fails to take steps necessary to remedy the event giving rise to the Emergency Situation or Adverse Condition in question)promptly commence, 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 diligently pursue and ultimately complete same within thirty (30) days following Tenant’s delivery of: of commencement (or such shorter or longer period of time as is commercially reasonable under the circumstances) any action set forth in clauses (i) a written notice describing in reasonable detail the action taken by the Tenant, and (ii) reasonably satisfactory evidence of above, then, if the cost of such remedy. In any caserepair, in the event any Emergency Repairs are not accomplished by Landlord within a forty-eight (48) hour period after Landlord receives notice of the applicable Emergency Situation replacement or Adverse Condition, Landlord within five (5) Business Days following Tenant’s written request therefor, shall provide to Tenant a preliminary schedule setting forth the basic steps Landlord proposes other action required to be taken to effect does not affect the Emergency Repairs structure of the Building and does not affect the mechanical, electrical, plumbing or other actions and the times when such work is proposed base building systems then, upon written notice to be done. If Tenant undertakes any action pursuant to this Paragraph 8(C)Landlord, Tenant shall (a) proceed in accordance with all applicable Laws; (b) retain have the right to effect such actions only such reputable contractors and suppliers as are duly licensed in the City of Chicago and insured in accordance with the provisions of Article 7; (c) effect such repairs repair or perform replacement, or pursue such other actions action as may reasonably be necessary in order to correct the condition; provided, however, in no event shall Landlord be liable for consequential or punitive damages. Landlord shall reimburse Tenant on demand for all of the reasonable costs and expenses incurred by Tenant in connection with such foregoing remedial activities plus an administrative overhead charge equal to twenty percent (20%) of the actual cost of repair. Any repair, replacement or other work performed by Tenant shall be performed in a good and workmanlike manner and commercially reasonable manner; (d) use new or like new materials; (e) take reasonable efforts to minimize in strict compliance with any material interference or impact on the other tenants Federal, state, local and occupants of the Propertymunicipal laws, rules, regulations and ordinances, and (e) otherwise comply with all applicable requirements set forth in Article 7 hereof (other than any requirements shall be performed by licensed and bonded contractors carrying customary insurance coverage, which insurance shall include Landlord as an additional insured. Notwithstanding anything to obtain Landlord’s approval ofthe contrary contained herein, or to provide no payment by Tenant shall be construed as a waiver of a default by Landlord with notice of, any Alteration Work set forth in said Article 7)under this Section 14.7.

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 perform or to perform commence and diligently such Emergency Repairs pursue its repair and/or maintenance obligations under Section 8.1 or other actions required of Landlord under elsewhere in 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 notice from Tenant of same (or such shorter period of time if an emergency exists that prevents Tenant from accessing or otherwise using 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) any and all Claims arising directly from Tenant’s delivery of: (i) a written notice describing gross negligence or willful misconduct in reasonable detail the action taken by the Tenant, and (ii) reasonably satisfactory evidence performance of Tenant Self-Help in any portion of the cost of 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 remedyTenant Self-Help. In any case, in the event any Emergency Repairs are not accomplished Any amounts actually expended by Tenant to reasonably effect such repair and/or maintenance shall be reimbursed by Landlord to Tenant within a forty-eight thirty (4830) hour period days after Landlord receives notice receipt of the applicable Emergency Situation or Adverse Condition, Landlord within five (5) Business Days following Tenant’s written request demand therefor. If Landlord, shall provide within thirty (30) days of such written demand, neither reimburses such amount nor provides written notice to Tenant a preliminary schedule setting forth that Landlord disputes such amount or the basic steps Landlord proposes legal or factual basis for Tenant’s demand, then (and not otherwise) Tenant shall have the right to be taken to effect offset such amount against Tenant’s monthly Base Rent (“Tenant’s Offset Right”). Notwithstanding the Emergency Repairs or other actions foregoing and for the times when such work is proposed to be done. If avoidance of doubt, the actual amount Tenant undertakes any action offsets pursuant to this Paragraph 8(C)Tenant’s Offset Right shall be included in Common Operating Expenses, Tenant shall (a) proceed to the extent such costs would be included in accordance with all applicable Laws; (b) retain Common Operating Expenses if Landlord had itself incurred the actual costs related to effect such actions only such reputable contractors and suppliers as are duly licensed in the City of Chicago and insured in accordance with the provisions of Article 7; (c) effect such repairs or perform such other actions in a good and workmanlike and commercially reasonable manner; (d) use new or like new materials; (e) take reasonable efforts to minimize any material interference or impact on the other tenants and occupants of the Property, and (e) otherwise comply with all applicable requirements set forth in Article 7 hereof (other than any requirements to obtain LandlordTenant’s approval of, or to provide Landlord with notice of, any Alteration Work set forth in said Article 7)Offset Right.