TENANT'S SELF-HELP. If Landlord shall default in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists, or after notice to Landlord , if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Tenant's interest therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse Tenant upon demand for any amount paid or liability incurred for the account of Landlord hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding payments of rent due hereunder; provided, however, that should said amount or the liability therefor be disputed by Landlord, Landlord may contest its liability or the amount thereof, through arbitration or through a declaratory judgment action and Landlord shall bear the cost of the filing fees therefor.
TENANT'S SELF-HELP. Notwithstanding anything to the contrary contained in Section 7.2 of this Lease, if Landlord shall fail to perform any repair obligations required under this Article VII within thirty (30) days following Tenant's written request for such repairs, or if Landlord shall fail to perform any repairs required under this Lease of an emergency condition within 48 hours' written notice from Tenant, then Tenant may elect to make such repairs at Landlord's expense by complying with the following provisions of this Section 7.6. Before making any such repair, Tenant shall deliver to Landlord a notice for the need for such repair ("Self-Help Notice"), which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord fail, within ten (10) days following receipt of the Self-Help Notice (or within 48 hours following notice in the event of necessary emergency repairs), to commence the necessary repair or to make other arrangements reasonably satisfactory to Tenant, then Tenant shall have the right to make such repair on behalf of Landlord. Landlord shall promptly reimburse Tenant for the reasonable costs of such repairs, but in no event shall Tenant have the right to offset rent against such costs. In the event that the work could affect the Building's structural, mechanical, electrical, heating, ventilating, air conditioning, life safety or plumbing components or systems, then Tenant shall use only those contractors used by Landlord in the Project for such work. The foregoing requirement shall not apply in cases of emergency if Tenant is unable to obtain such contractors for emergency repair work. If those contractors are unwilling or unable to perform the work, Tenant may retain the services of qualified, reputable and licensed, bondable contractors with like experience in similar building systems. Tenant shall be responsible for obtaining any necessary governmental permits before commencing the repair work, and Tenant shall assume the risk of any damage, loss or injury resulting from such work.
TENANT'S SELF-HELP. Notwithstanding the limitations contained in Section 8.04, if Landlord fails to perform any of its obligations as provided in this Lease, and the failure continues for a period of thirty (30) days after notice from Tenant, Tenant may perform those obligations specified in the notice, and Landlord agrees to reimburse Tenant for any costs incurred by Tenant in performing those obligations.
TENANT'S SELF-HELP. (a) Tenant shall have the right, but not the obligation, to perform an obligation that Landlord is otherwise required to perform under this Lease (the "Right of Self Help") under the circumstances set forth below:
TENANT'S SELF-HELP. If Landlord shall breach or fail to perform or observe any agreement or condition in this Lease contained on Landlord’s part to be performed or observed, and if Landlord shall not cure such breach or failure within thirty (30) days after notice from Tenant specifying such breach or failure (or, if such breach or failure shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at Tenant’s option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such breach or failure for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord agrees to reimburse Tenant therefor and save Tenant harmless therefrom; provided that Tenant may cure any such breach or failure as aforesaid prior to the expiration of said waiting period if reasonably necessary to protect the Premises or Tenant’s interest therein, to prevent injury or damage to persons or property, or in the event of any other emergency (e.g., roof leak). Any amounts not reimbursed by Landlord within thirty (30) days of Tenant’s written demand therefor may be applied by Tenant as a credit against Tenant’s next payment(s) of Fixed Rent or other charges.
TENANT'S SELF-HELP. If the Landlord shall default in the performance or observance of any of its agreements or conditions in this Lease, and if the Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and the Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of the Landlord, and any amount paid or contractual liability incurred by the Tenant in so doing shall be deemed paid or incurred for the account of the Landlord, and the Landlord agrees to reimburse Tenant therefor and save the Tenant harmless therefrom; provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists, or after notice to Landlord, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or the Tenant's interest therein, or to prevent injury or damage to persons or property.
TENANT'S SELF-HELP. Notwithstanding any contrary provision of this Lease, Tenant shall be entitled (but not obligated) to make repairs and perform maintenance which are Landlord's obligations, and to offset the cost thereof against Monthly Rent, as follows:
TENANT'S SELF-HELP. If the Landlord shall default in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed, or shall default in the payment of any tax or other charge which shall be a lien upon the Premises, and if the Landlord shall not cure such default within thirty (30) days after notice from the Tenant specifying the default (or shall not within said period commence to cure such default and thereafter prosecute the curing of such default to completion with due diligence), the Tenant may at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of the Landlord and any amount paid or any contractual liability incurred by the Tenant in so doing shall be deemed paid or incurred for the account of the Landlord, and the Landlord agrees to reimburse the Tenant therefor or save the Tenant harmless therefrom; provided that the Tenant may cure any such default as aforesaid prior to the expiration of said waiting period to protect the real estate or the Tenant's interest therein, to prevent injury or damage to persons or property, or to enable the Tenant to conduct its business in the Premises. Notwithstanding anything to the contrary contained herein, in the case of emergency, notice required pursuant to this Paragraph may be given orally, or in any other reasonably due and sufficient manner having regard to the emergency and the attending circumstances. If any such notice shall not be given in the manner described in this Lease, then, as soon thereafter as may be practicable such notice shall be followed up by notice given in the manner described in herein.
TENANT'S SELF-HELP. If Landlord shall default in the performance of any covenant or agreement by it to be performed under this Lease and shall not cure such default within thirty (30) days after notice from Tenant specifying the default, Tenant may, at its option, in addition to any other remedy available at law or in equity, cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord. Landlord agrees, within fifteen (15) days after demand therefor, to reimburse Tenant for such amounts paid.
TENANT'S SELF-HELP. If (a) the premises or any part thereof, including, without limitation, the Building, or the use and operation thereof for the permitted uses, do not comply in all material respects with all laws, ordinances, rules and regulations applicable thereto, including without limitation, all zoning, subdivision, environmental, wetlands, building and handicapped accessibility laws, rules and ordinances and notice of such noncompliance is given to Tenant by any governmental authority, board, commission, department of the City of New Bedford, the Commonwealth of Massachusetts or the United States of America or any other governmental body, authority, board, commission, department or the like (collectively a "Law Violation Notice", provided however that the term Law Violation shall not include a notice of noncompliance with any such laws, ordinances, rules and regulations to the extent that such noncompliance is based on Tenant's particular manner of use of the premises as opposed to use generally) or (b) Landlord shall fail to perform, observe and comply with its obligations under Section 2 of Article III, Section 2 of Article VI of this Lease or Article XXI of this Lease or Section 2 of Article XXII of this Lease (collectively a "Landlord Default") or (c) if (other than as a result of the acts of Tenant) any Hazardous Materials (as said term is hereinafter defined) are present on or are discharged or released onto or from the premises or exist on the premises (i) at levels or in concentrations which equal or exceed the minimum reportable levels or concentrations under the applicable Environmental Laws (as said term is hereinafter defined) or (ii) in violation of applicable Environmental Laws, or there is a threat of any of the foregoing (collectively, a "Release"), then, and in any such event (in addition to all other rights which Tenant may have on account thereof) Tenant shall have the following rights, all of which shall be cumulative and not separate (and prior to or concurrently with the exercise of any such rights, or as soon thereafter as is reasonable under the circumstances, Tenant shall give Landlord (and the holder of any first mortgage of Landlord's interest in the Premises from whom Tenant has received written notice requesting that notices sent to Landlord under this Section 2 of Article XIII likewise be sent to such mortgagee and setting forth the address, telephone number and fax number of such mortgagee) notice of the applicable Law Violation Notice,...
