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. (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:
(i) If Landlord fails to perform such obligation as and when required under this Lease, such failure materially interferes with Tenant's business activities in the Premises, and such failure continues without cure for thirty (30) days after a subsequent written notice from Tenant to Landlord (but if more than thirty (30) days are reasonably required to cure, Landlord will be deemed to have cured if it promptly begins to cure within the thirty (30)-day period and then diligently completes the cure as soon as reasonably possible), and Tenant provides an additional notice to Landlord and Landlord's Mortgagees that it intends to perform such obligation and Landlord and Landlord Mortgagees fail to perform such obligation within a reasonable time after receiving Tenant's notice of its intention to so perform.
(ii) If the failure to perform such obligation would result in an emergency condition if not remedied promptly (i.e., an imminent and substantial risk of significant additional property damage, or personal injury or death) and Landlord fails to perform such obligation within a reasonable period of time after receiving Tenant's notice of such emergency condition and Tenant's intention to exercise the Right of Self Help (and in such case Tenant shall exercise its Right of Self Help only if and to the extent reasonably necessary to remedy the emergency condition, and as soon as there no longer is an emergency condition, Tenant shall not have the right to continue to exercise the Right of Self Help pursuant to this Subsection (ii)). (See Section 3 of Addendum #3, which addresses Tenant's recovery of the reasonable costs and expenses incurred by Tenant in exercising its Right of Self Help.)
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.
TENANT'S SELF-HELP. If Landlord shall breach, or fall 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 together with interest on any such reimbursement at the same rate as set forth in Section 20.12 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. 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 Minimum Rent or other charges, plus interest, provided that such credit shall not exceed fifty percent (50%) of Tenant's next payment(s) of Minimum Rent and other charges.
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. 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. 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,...
TENANT'S SELF-HELP. If Landlord shall default in the performance of any material obligation expressly contained in this Lease, and if Landlord shall not cure such default within thirty (30) days after written 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) day period), Tenant may, at its option, cure such default and any amount paid by Tenant, evidenced by invoices and receipts, in remedying such default shall be reimbursed by Landlord to Tenant within forty-five (45) days after written notice to Landlord. If Landlord shall fail to reimburse Tenant with the said forty-five (45) day period, said amount may be deducted from the next payment of Base Rent; 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.
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:
(i) If Landlord fails to perform such obligation as and when required under this Lease, such failure materially interferes with Tenant's business activities in the Premises, and such failure continues without cure for thirty (30) days after a subsequent written notice from Tenant to Landlord (but if more than thirty (30) days are reasonably required to cure, Landlord will be deemed to have cured if it promptly begins to cure within the thirty (30)-day period and then diligently completes the cure as soon as reasonably possible), and Tenant provides an additional notice to Landlord and Landlord's Mortgagees that it intends to perform such obligation and Landlord and Landlord Mortgagees fail to perform such obligation within a reasonable time after receiving Tenant's notice of its intention to so perform.
TENANT'S SELF-HELP. If the Tenant provides notice to the ------------------ Landlord of an event or circumstance which requires the action of the Landlord in accordance with the terms of this Lease, and the Landlord fails to commence such action within a reasonable period of time, given the circumstances, after the receipt of such notice, but in no event earlier than twenty (20) days after receipt of such notice, then the Tenant may, after giving the Landlord a second notice and ten (10) days to cure (except in an emergency in which no second notice is necessary), proceed to take the required action, and if such action was required under the terms of this Lease to be taken by the Landlord, the Tenant shall be entitled to prompt reimbursement by the Landlord for the Tenant's costs and expenses in taking such action. In the event the Tenant takes such action, and such work will affect the Building's life safety system, heating, ventilation and air conditioning systems or elevator systems, the Tenant shall use only those contractors used by the Landlord in the Building for work on such systems. The Tenant may proceed to claim a default by the Landlord or, if elected by either the Landlord or the Tenant, the matter shall proceed to resolution by the selection of an arbitrator (in accordance with subsection 17.6) to resolve the dispute.
