Common use of TENANT'S SELF-HELP Clause in Contracts

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. 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 with respect to the Demised Premises that could cause Tenant to be in violation of any legal requirements, and if Landlord shall not cure such default within twenty (20) days after notice from Tenant specifying the default and following five (5) days after a second "reminder" notice from Tenant, (or shall not within said period commence to cure such default and thereafter prosecute the curing of such default to completion with due diligence), 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 reasonable 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 or save Tenant harmless therefrom; provided that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, but after notice to Landlord (and in the case of the removal of snow and/or ice from the Common Facilities, prior to said notice to Landlord), if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the real estate or Tenant's interest therein, to prevent injury or damage to persons or property, or to enable Tenant to conduct its business in the Demised Premises. Notwithstanding anything to the contrary contained herein, in Section 7.2 the case of emergency, notice required pursuant to this Article 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, if Landlord shall fail to perform any repair obligations required under this Article VII within thirty (30) days following Tenant's written request for then, as soon thereafter as may be practicable 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 be followed up by notice given 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 manner described 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 workherein.

TENANT'S SELF-HELP. Notwithstanding anything In addition to the contrary contained all remedies provided at law or in Section 7.2 of this Leaseequity, if Landlord shall fail default in the performance or observance of any covenant, agreement or condition to perform any repair obligations required under this Article VII within thirty (30) days following Tenant's written request for such repairs, be performed or if observed by Landlord shall fail to perform any repairs required under this Lease of an emergency condition and Landlord shall not cure such default within 48 hours' written notice from Tenant, then Tenant may elect to make such repairs at Landlord's expense by complying with any applicable cure period set forth in this Lease (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 NoticeCure Period"), 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, Tenant may cure any such default as aforesaid prior to the expiration of the applicable Landlord Cure Period with only such notice to Landlord as may reasonably be available (including without any notice to Landlord if an emergency situation exists) if the curing of such default prior to the expiration of the applicable Landlord Cure Period is reasonably necessary to protect the Premises or Tenant's interest therein or to prevent injury or damage to persons or property. If Landlord fails to reimburse Tenant for any amount paid for the account of Landlord as hereunder provided or for any expenses which notice Tenant shall specifically advise reasonably incur in correction of any default by 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 workwritten demand therefor, Tenant may retain apply the services amount so paid or incurred by Tenant as a credit against Tenant's next payment(s) of qualifiedrent due under this Lease, reputable until such time as Tenant has been reimbursed in full for all costs incurred. Notwithstanding the foregoing, Tenant will be under no obligation to cure Landlord’s default pursuant to the terms 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 conditions of any damage, loss or injury resulting from such workArticle 28 of this Lease.

TENANT'S SELF-HELP. Notwithstanding anything If Landlord fails to the contrary contained in Section 7.2 of this Lease, if Landlord shall fail make any repairs or to perform any repair obligations maintenance required under of Landlord pursuant to the terms of the Lease and within Landlord’s reasonable control, and such failure shall persist for an unreasonable time (not less than thirty (30) days except in the event of an Emergency [as defined below]) after Tenant’s written notice to Landlord of the need for such repairs or maintenance (the “Initial Repair Notice”) and unless Landlord has commenced such repairs or maintenance during such period and is diligently pursuing the same, Tenant may (but shall not be required to) following a second written notice (which notice shall have a heading in at least 14-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (5) days after receipt of such second notice, perform such repairs or maintenance in accordance with the provisions of this Article VII Lease governing Tenant’s repairs and Alterations and Landlord shall reimburse Tenant in an amount not to exceed $100,000.00 for the reasonable costs and expenses therefor within thirty (30) days following Tenant's written request for such repairsafter Landlord’s receipt of appropriate invoices and back-up documentation. Notwithstanding the foregoing, or if Landlord shall fail to perform any repairs required under this Lease in the event of an emergency condition within 48 hours' written notice from Emergency, which is defined as an event which poses the threat of imminent, severe damage to Tenant’s customers or employees or Tenant’s personal property, then Tenant may elect to make pursue 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 notify Landlord of such contractors for emergency repair workEmergency condition after using diligent efforts to notify Landlord, provided that the reasonable cost of such repairs does not exceed $100,000.00. If those contractors are unwilling All work performed by Tenant or unable to perform the work, Tenant may retain the services of qualified, reputable its agents in accordance with this Section 8(b)(ii) must be performed: (x) at a reasonable cost 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 workrate, and Tenant shall assume (y) so as to minimize interference with the risk rights of other tenants to use their premises in the Project. The rights set forth in this Section 8(b)(ii) are personal to Guidewire Software, Inc. and any damage, loss or injury resulting from such workPermitted Transferee (as defined in Section 10(h) below).

TENANT'S SELF-HELP. If Landlord shall default in the observance or performance of any material term or provision of this Lease on Landlord’s part to be observed or performed and Tenant’s ability to use and occupy the Premises is materially impaired as a result thereof, and such failure continues for thirty (30) days after written notice thereof to Landlord and any Encumbrancer (such period shall be extended if Landlord is using good faith, diligent and commercially reasonable efforts to remedy such default) or such shorter period, if any, as Tenant may reasonably determine to be appropriate in case of an emergency involving an imminent threat to life or property, then, except in the event of such an emergency, Tenant shall deliver a second notice to Landlord and any Encumbrancer (such written notice to expressly state Tenant’s intention to exercise its rights under this Section 20.9), and if Landlord does not commence required repairs or commence such other actions within five (5) business days thereafter as required to remedy such default and the rights of any Encumbrancer to cure such default pursuant to any SNDA has expired, then Tenant, without being under any obligation to do so and without thereby waiving such default, may remedy such default on behalf of Landlord. In performing any work in the Building under this Section 20.9, Tenant shall use contractors approved by Landlord in the past to perform similar work in the Building (unless such contractors are not available to perform on a timely basis, in which case Tenant may utilize the services of any other qualified contractors that typically and regularly perform similar work in Comparable Buildings and shall engage only labor that is harmonious and compatible with other labor working in the Building) and in all events such contractors must at all times maintain the insurance coverage required hereunder of contractors who perform work on behalf of Tenant in the Premises. Notwithstanding anything the foregoing, Tenant shall not exercise its rights under this Section 20.9 as to any equipment and systems where warranty coverage is in place to the contrary contained in Section 7.2 extent Tenant has been given notice of the same. Promptly following completion of any work undertaken by Tenant pursuant to this LeaseSection, if Tenant shall deliver a detailed invoice of the work completed, the materials used and the reasonable costs relating thereto, an assignment of any and all warranties relating to such work, and an unconditional final lien waiver and release regarding such work. If Landlord shall fail does not deliver a detailed written objection to perform any repair obligations required under this Article VII Tenant within thirty (30) days following Tenant's written request for after receipt of such repairs, or if Landlord shall fail to perform any repairs required under this Lease of an emergency condition within 48 hours' written notice invoice and documentation from Tenant, then Tenant may elect shall be entitled to make deduct from Base Rent payable by Tenant under this Lease (or to a credit against the Purchase Price as provided in Section 31.4(d), as applicable) or seek reimbursement from Landlord as provided in Section 3.2.6, the amount set forth in such repairs at Landlord's expense by complying invoice, commencing with the following provisions Base Rent first due and payable at least forty five (45) days after Xxxxxx’s delivery of this Section 7.6such invoice. Before making any such repairIf, Tenant shall deliver however, Landlord delivers 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 failTenant, within ten thirty (1030) days following receipt after delivery of Tenant’s invoice, a written objection to the Self-Help Notice payment of such invoice, setting forth with reasonable detail Landlord’s good faith reasons for its claim that such action did not have to be taken by Tenant pursuant to this Lease or that the charges are unreasonable (or within 48 hours following notice in which case Landlord shall pay the event of necessary emergency repairsamount it contends would have been reasonable), to commence the necessary repair or to make other arrangements reasonably satisfactory to Tenant, then Tenant shall have not then be entitled to such deduction from Base Rent (or a credit against the Purchase Price under Section 31.4(d), as applicable) or reimbursement by Landlord as provided in Section 3.2.6, but, rather, such dispute shall be resolved by arbitration in accordance with the provisions of Section 35.6 hereof. Tenant’s right to make such perform repair on behalf work under this Section 20.9 shall be subject to the rights of Landlord. Landlord shall promptly reimburse Tenant for the reasonable costs any other tenants or other occupants 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 indemnify, defend, protect, and hold harmless Landlord from and against any and all losses, claims, costs, damages, liability and expenses (including without limitation reasonable attorneys’ fees and costs of suit) arising from the risk negligence or willful misconduct of any damage, loss Tenant or injury resulting from such workanyone performing work on Xxxxxx’s behalf.

TENANT'S SELF-HELP. Notwithstanding anything In the event Landlord fails to the contrary contained in Section make such repairs as are required of Landlord under Sections 7.1 or 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 after written request for notice from Tenant to Landlord and to the holder of any mortgage on the Property specifying the nature of such repairs or if such repairs are of the type which cannot be made within such thirty (30) days, then if Landlord or the holder of any such mortgage (at the option of such mortgagee) fails to (i) commence making such repairs within thirty (30) days after such written notice from Tenant and (ii) thereafter prosecute such repairs to completion with due diligence given the nature of such repairs, or if Landlord shall fail then thereafter at any time prior to perform any repairs required under this Lease of an emergency condition within 48 hours' written notice from TenantLandlord's commencing such repairs, then Tenant may elect to may, but need not, make such repairs at Landlord's expense by complying with and may make a demand on Landlord for payment of the following provisions of this Section 7.6reasonable cost thereof. Before making any such repair, Tenant shall deliver to Landlord a notice for the need for such repair If within thirty ("Self-Help Notice"), which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord fail, within ten (1030) days following receipt of the Self-Help Notice (or within 48 hours following notice in the event of necessary emergency repairs)such demand, to commence the necessary repair or to make other arrangements reasonably satisfactory to TenantLandlord shall not have paid same, then Tenant shall have the right to make such repair on behalf bring suit in a court of Landlordcompetent jurisdiction in the Commonwealth of Massachusetts seeking payment of the sum so claimed in Tenant's demand. Landlord shall promptly reimburse Tenant for the reasonable costs of such repairsHowever, but in no event shall Tenant have the right to offset rent against against, withhold or deduct from Annual Fixed Rent, or any Additional Rent or other charge payable under this Lease nor shall Landlord's failure to pay Tenant's demand be a default of Landlord or give Tenant the right to terminate this Lease, Tenant's right being to bring suit as aforesaid. Notwithstanding the provisions of the immediately proceeding paragraph, if the fire or casualty damage to the Premises shall be determined to be such costs. In that it cannot be repaired within one (1) year from the event that the work could affect the Building's structural, mechanical, electrical, heating, ventilating, air conditioning, life safety Date Repair Work Would Commence and if Tenant or plumbing components or systemsLandlord shall not elect to --- terminate this Lease as provided in this Section 14.1, then unless such restoration is substantially completed within one (1) year from the date that such repair or restoration work commences, Landlord being required to use due diligence as provided in the fourth paragraph of this Section 14.1), such period to be subject, however, to extension where the delay in substantial completion of such work is due to Landlord's Force Majeure, Tenant shall use only those contractors used have the right to terminate this Lease at any time after the expiration of such one year (as extended) period until the restoration is substantially completed, such termination to take effect as of the thirtieth (30th) day after the date of receipt by Landlord of Tenant's notice, with the same force and effect as if such date was the date originally established as the expiration date hereof unless, within such thirty (30) day period such restoration is substantially completed, in the Project for such work. The foregoing requirement shall not apply in cases which case Tenant's notice 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 termination shall be responsible for obtaining any necessary governmental permits before commencing of no force and effect and this Lease and the repair work, Lease Term shall continue in full force and Tenant shall assume the risk of any damage, loss or injury resulting from such workeffect.

TENANT'S SELF-HELP. Notwithstanding anything Landlord shall be in default hereunder if Landlord fails to the contrary contained in Section 7.2 of perform any maintenance or repair obligation under this Lease, if and such failure continues for a period of thirty (30) days after Landlord’s receipt of written notice from Tenant (which notice may be oral in the event of an emergency), or such longer period as may be reasonably necessary provided that Landlord commences the maintenance or repair within the thirty (30) day period and thereafter diligently pursues the maintenance or repair to completion. Notwithstanding the preceding sentence, in the event of an emergency (i.e., a condition that poses imminent risk of danger to persons or damage to property), Landlord shall fail commence its cure of such failure (e.g., engage qualified personnel to confirm the scope of the necessary repair, prepare necessary plans, commence necessary permitting and the like) as soon as reasonably practicable but in no event longer than five (5) days after receipt of Tenant’s notice, during which period Tenant may, at its option, take commercially reasonable steps to minimize damage from Landlord’s failure to perform 6 Approved Texas Industrial Lease Form Based On Master Lease Version 22 its maintenance or repair obligation (“Preventative Measures”). If Landlord fails to cure its failure within the applicable timeframes set forth herein, then in addition to the right to perform Preventative Measures, Tenant will have the right to perform Landlord’s maintenance or repair obligation in accordance with this Section. In addition, following Xxxxxx’s performance of the obligation (including performance of any repair obligations required under this Article VII Preventative Measures), Landlord shall reimburse Tenant for all reasonable, out-of-pocket expenses incurred by Tenant in connection therewith, within thirty (30) days following Tenant's written request for such repairs, or if after receipt by 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 list of the Self-Help Notice (or within 48 hours following notice in the event costs, together with copies of necessary emergency repairs), to commence the necessary repair or to make “paid” receipts and 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 costsand sufficient supporting documentation. In the event that the Tenant takes any such action (including Preventative Measures), and such work could will affect the Building's structural’s Structure and/or the Building’s Systems, mechanical, electrical, heating, ventilating, air conditioning, life safety or plumbing components or systems, then Tenant shall use only those contractors used or approved by Landlord in the Project Building for work on such work. The foregoing requirement shall not apply in cases of emergency if Tenant is unable to obtain Building’s Structure or Building’s Systems unless such contractors for emergency repair work. If those contractors are unwilling or unable to perform, or timely perform, or perform the at a reasonable and competitive cost, such work, in which event Tenant may retain utilize the services of qualifiedany other qualified contractor which normally and regularly performs similar work in other comparable Class-A industrial buildings in the greater Houston industrial market. Landlord shall pay (in full) the invoice provided by Tenant within thirty (30) days after receipt of such invoice, reputable together with reasonable and licensedsufficient supporting documentation; however, bondable contractors if Landlord does not either pay (in full) the invoice provided by Xxxxxx within thirty (30) days after receipt of such invoice, together with like experience in similar building systems. reasonable and sufficient supporting documentation or deliver a detailed written objection to Tenant within fifteen (15) days after receipt of such invoice, together with reasonable and sufficient supporting documentation, then Tenant shall be responsible for obtaining any necessary governmental permits before commencing entitled to deduct from the repair worknext accruing installments of Basic Rent payable by Tenant under this Lease, and Tenant shall assume the risk of any damage, loss or injury resulting from amount set forth in such workinvoice until reimbursed in full. 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TENANT'S SELF-HELP. Notwithstanding anything to the contrary contained in Section 7.2 of this Lease, if If Landlord shall fail to perform any repair obligations required under this Article VII Lease 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 twenty-four (24) 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 twenty-four (24) 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 repairsrepairs within thirty (30) days following receipt of Tenant's invoice for such costs, but in no event shall Tenant have the right to offset rent against such costs. Any such costs not reimbursed to Tenant within said 30 days shall bear interest at ten percent (10%) per annum from and after the expiration of such 30-day period until paid (provided, however, that the foregoing shall not relieve Landlord of its obligation to pay the full amount of such costs within said 30-day period). 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.bonded contractors

TENANT'S SELF-HELP. Notwithstanding anything to the contrary contained in Section 7.2 of this Lease, if If (i) Landlord shall fail fails to perform any repair of its 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 (other than by reason of Tenant’s acts or omissions or unavoidable delays), which failure (A) materially interferes with Tenant’s use of the Demised Premises for the conduct of its business and (B) Landlord fails to commence to remedy such failure to perform within ten (10) days from the date Tenant notifies Landlord of such failure (which shall be shortened to twenty-four (24) hours in the event of an emergency condition within 48 hours' written notice from Tenantemergency, then Tenant may elect to make such repairs at Landlord's expense by complying with as hereinafter defined) and (ii) in the following provisions case of this Section 7.6. Before making any such repairfailure (other than an emergency) (A) Tenant again notifies Landlord after the expiration of such 10-day period of such failure and of Tenant’s intention to cure same, Tenant shall deliver along with an explanation in reasonable detail of how Tenant’s intends to Landlord a notice for cure the need for such repair ("Self-Help Notice")failure and associated expenses, which notice shall specifically advise specify that such notice is being given in accordance with this Article 24, and shall contain the following statement in capitalized bold type: “IF YOU FAIL TO PERFORM THE OBLIGATION REFERENCED IN THIS NOTICE WITHIN THE TIME PERIOD SPECIFIED IN ARTICLE 24 OF THE LEASE, WE SHALL EXERCISE OUR SELF-HELP REMEDIES UNDER THAT SECTION” and (B) such failure continues for not less than five (5) consecutive days from the date Landlord receives such second notice (except that no such second notice shall be required in an emergency), provided that, in the case of a failure which for causes beyond Landlord’s reasonable control cannot with due diligence be cured within such 5-day period, such 5 day period shall be extended for such period as may be necessary to cure such failure provided that Landlord shall be diligently prosecuting such cure, then at Tenant’s election and as Tenant’s sole remedy (if Tenant intends elects to exercise its self-help right rights 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), Tenant may take such actions as may be reasonably necessary to commence cure such failure as specified in Tenant’s notice, unless Landlord has objected to such action and has specified an alternate cure, and Tenant may offset against the necessary repair or to make other arrangements reasonably satisfactory to fixed rent thereafter payable by Tenant any reasonable out-of-pocket amount expended by 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 to exceed fifty percent (50%) of the fixed basic rent due under the Lease until fully recouped. Tenant may exercise its self-help remedy provided the performance of same by Tenant (x) takes place exclusively within the Demised Premises, (y) does not affect any space (including the Common Facilities) outside the Demised Premises unless it materially affects Tenant’s ingress and egress to and from the Demised Premises, and (z) does not affect the structure, electrical, HVAC, plumbing or mechanical systems of the Building. (unless such electrical, HVAC, plumbing or mechanical systems exclusively service the Demised Premises and no other areas of the Building) and provided Tenant furnishes Landlord with copies of paid receipts for such work along with other supporting documentation as Landlord may reasonably require. For purposes hereof, Landlord shall Tenant be deemed to have commenced to cure a failure or service interruption if Landlord has begun to take such action as is reasonably practicable under the right to offset rent against such costscircumstances (e.g., inspecting the situation, calling necessary contractors, etc.), even thought actual repairs may not have commenced. In the event exercise of Tenant’s rights under this Section 24.03, Tenant agrees 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 then on the approved list of contractors for the Building as such list may be furnished from time to time during the Term by Landlord to Tenant. As used herein an “emergency” shall be deemed to be a situation which causes imminent damage to person or property or which interferes with Tenant’s conduct of business for the permitted use. In the event Tenant exercises the self help remedies in accordance with this Section 24.03, Tenant hereby agreesthat Tenant’s indemnification set forth in Section 29.02 shall be applicable. If at any time during Tenant’s performance of its self help remedies under this Section 24.03, Landlord commences to remedy such failure to perform, Tenant agrees to cease such actions. In no event shall Tenant have any rights under this Section 24.03 (i) if the Project for such work. The foregoing requirement shall not apply in cases failure or service interruption was caused by Unavoidable Delays or any act, omission, negligence or willful misconduct of emergency Tenant or any of its contractors, agents, employees, servants, licensees or invitees or (ii) if Tenant is unable to obtain such contractors for emergency repair work. If those contractors are unwilling in default under this Lease beyond applicable notice and grace periods or unable to perform (iii) if Xxxx-Xxxx Realty Corporation or an affiliate thereof has an ownership interest in the work, Tenant may retain Real Property and 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 workBuilding.

TENANT'S SELF-HELP. Notwithstanding anything to the contrary In addition to, and without limiting Tenant’s other rights contained in Section 7.2 of this Lease, if Tenant in good faith asserts that Landlord shall fail has failed or is failing to perform any repair obligations required of the covenants or agreements to be performed by Landlord under this Article VII Lease, including, without limitation, Landlord’s failure to perform any maintenance, repair or restoration obligation, and such failure materially and adversely affects Tenant’s use or occupancy of the Premises, Tenant shall provide written notice thereof to Landlord and any Landlord’s Mortgagee of which Tenant has been previously notified expressly identifying the work that Tenant claims is required to cure such failure. If Landlord fails to commence to cure such default within thirty (30) days following after receipt of Tenant's ’s notice and thereafter to diligently prosecute such cure to completion, Tenant may, but shall have no obligation to, cure such default on behalf of and at Landlord’s Expense (defined below), using any reasonable means; provided that (a) Tenant shall first give Landlord and any such Landlord’s Mortgagee written request for notice of Tenant’s intention to commence such repairsself-help, or if and (b) such work shall be subject to the applicable terms and conditions of this Lease concerning construction and Alterations. Within thirty (30) days after demand, Landlord shall fail reimburse Tenant for the reasonable, documented, out-of-pocket costs reasonably incurred by CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. Tenant to perform cure Landlord’s default, together with interest at the rate set forth in Section 2.4 above from the date due until the date repaid (such sums and interest being referred to as the “Landlord’s Expense”). If any repairs required under this Lease of an emergency condition such Landlord’s Expense is not paid by Landlord to Tenant within 48 hours' thirty (30) days after written notice from Tenantdemand upon Landlord, then Tenant may elect withhold and offset Landlord’s Expense from and against any amounts that Tenant may be required to make pay under this Lease as Base Rent (or from Rent more generally if necessary as described in subpart (b) below), and such repairs at Landlord's expense by complying with withholding and offset shall not constitute a failure to pay Rent on the following provisions part of Tenant nor shall it constitute a breach or an Event of Default under any other provision 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 Lease; provided 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 be permitted to withhold from Base Rent (or from Rent more generally as the right case may be per subpart (b) below) more than (a) twenty-five percent (25%) of the Base Rent due from Tenant for such month or, if such amount is not sufficient to offset rent against permit Tenant to recover the full amount of such costs. In sums and interest over the event that the work could affect the Building's structuralremaining Term of this Lease, mechanicalthen, electrical(b) a percentage of Base Rent (or, heating, ventilating, air conditioning, life safety or plumbing components or systemsif necessary, then of Rent more generally) that is sufficient to permit Tenant shall use only those contractors used by Landlord in to recover the Project for such work. The foregoing requirement shall not apply in cases full amount of emergency if Tenant is unable to obtain such contractors for emergency repair work. If those contractors are unwilling or unable to perform Landlord’s Expense over the work, Tenant may retain the services remaining Term 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 workthis Lease.

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 forty-eight (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 an additional 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 forty-eight (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 anything to the contrary In addition to, and without limiting Tenant’s other rights contained in Section 7.2 of this Lease, if Tenant in good faith asserts that Landlord shall fail has failed or is failing to perform any repair obligations required of the covenants or agreements to be performed by Landlord under this Article VII Lease, including, without limitation, Landlord’s failure to perform any maintenance, repair or restoration obligation, and such failure materially and adversely affects Tenant’s use or occupancy of the Premises, Tenant shall provide written notice thereof to Landlord and any Landlord’s Mortgagee of which Tenant has been previously notified expressly identifying the work that Tenant claims is required to cure such failure. If Landlord fails to commence to cure such default within thirty (30) days following after receipt of Tenant's ’s notice and thereafter to diligently prosecute such cure to completion, Tenant may, but shall have no obligation to, cure such default on behalf of and at Landlord’s Expense (defined below), using any reasonable means; provided that (a) Tenant shall first give Landlord and any such Landlord’s Mortgagee written request for notice of Tenant’s intention to commence such repairsself-help, or if and (b) such work shall be subject to the applicable terms and conditions of this Lease concerning construction and Alterations. Within thirty (30) days after demand, Landlord shall fail reimburse Tenant for the reasonable, documented, out-of-pocket costs reasonably incurred by Tenant to perform cure Landlord’s default, together with interest at the rate set forth in Section 2.4 above from the date due until the date repaid (such sums and interest being referred to as the “Landlord’s Expense”). If any repairs required under this Lease of an emergency condition such Landlord’s Expense is not paid by Landlord to Tenant within 48 hours' thirty (30) days after written notice from Tenantdemand upon Landlord, then Tenant may elect withhold and offset Landlord’s Expense from and against any amounts that Tenant may be required to make pay under this Lease as Base Rent (or from Rent more generally if necessary as described in subpart (b) below), and such repairs at Landlord's expense by complying with withholding and offset shall not constitute a failure to pay Rent on the following provisions part of Tenant nor shall it constitute a breach or an Event of Default under any other provision 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 Lease; provided 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 be permitted to withhold from Base Rent (or from Rent more generally as the right case may be per subpart (b) below) more than (a) twenty-five percent (25%) of the Base Rent due from Tenant for such month or, if such amount is not sufficient to offset rent against permit Tenant to recover the full amount of such costs. In sums and interest over the event that the work could affect the Building's structuralremaining Term of this Lease, mechanicalthen, electrical(b) a percentage of Base Rent (or, heating, ventilating, air conditioning, life safety or plumbing components or systemsif necessary, then of Rent more generally) that is sufficient to permit Tenant shall use only those contractors used by Landlord in to recover the Project for such work. The foregoing requirement shall not apply in cases full amount of emergency if Tenant is unable to obtain such contractors for emergency repair work. If those contractors are unwilling or unable to perform Landlord’s Expense over the work, Tenant may retain the services remaining Term 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 workthis Lease.

TENANT'S SELF-HELP. Notwithstanding anything In the event Landlord fails to the contrary contained in Section make such repairs as are required of Landlord under Sections 7.1 or 7.2 of this Lease, if Landlord shall fail or to perform any repair other obligations required under this Article VII of Landlord hereunder 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' after written notice from TenantTenant to Landlord and to the holder of any mortgage on the Property of which Tenant has been given written notice by Landlord specifying the nature of such repairs or other obligations or if such repairs or other obligations are of the type which cannot be made or performed within such thirty (30) days, then if Landlord or the holder of any such mortgage (at the option of such mortgagee) fails to (i) commence making such repairs within thirty (30) days after such written notice from Tenant may elect and (ii) thereafter prosecute such repairs or other obligations to completion with due diligence given the nature of such repairs or other obligations, then thereafter at any time prior to Landlord's commencing such repairs or other obligations, Tenant may, but need not, make such repairs at Landlord's expense by complying with or perform such other obligations and may make a demand on Landlord for payment of the following provisions of this Section 7.6reasonable cost thereof. Before making any such repair, Tenant shall deliver to Landlord a notice for the need for such repair If within thirty ("Self-Help Notice"), which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord fail, within ten (1030) days following after receipt of the Self-Help Notice (or within 48 hours following notice in the event of necessary emergency repairs)such demand, to commence the necessary repair or to make other arrangements reasonably satisfactory to TenantLandlord shall not have paid same, then Tenant shall have the right to make such repair on behalf bring suit in a court of Landlordcompetent jurisdiction in the Commonwealth of Massachusetts seeking payment of the sum so claimed in Tenant's demand. Landlord shall promptly reimburse Tenant for the reasonable costs of such repairsHowever, but in no event shall Tenant have the right to offset rent against such costs. In against, withhold or deduct from Annual Fixed Rent, or any Additional Rent or other charges payable under this Lease nor shall Landlord's failure to pay Tenant's demand be a default of Landlord or give Tenant the event that the work could affect the Buildingright to terminate this Lease, Tenant'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 right being 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 workbring suit as aforesaid.

TENANT'S SELF-HELP. Notwithstanding anything If Landlord fails to the contrary contained perform any of its repair and maintenance obligations under Paragraph 14(c) or otherwise as required in Section 7.2 of this Lease, and such failure materially affects Tenant's ability to use and occupy the Premises for the purposes permitted herein, Tenant shall have the right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than thirty (30) days after written notice from Tenant to Landlord; provided, however, that if the nature of the repairs and/or maintenance to be completed by Landlord is such that more than thirty (30) days are required to complete such repairs and/or maintenance, Landlord shall fail have such additional time as is reasonably necessary to perform any repair obligations required under this Article VII complete such repairs and/or maintenance so long as Landlord takes appropriate action to commence such repairs and/or maintenance within such thirty (30) day period and thereafter diligently pursues such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days following after receipt of Tenant's written request for demand therefor, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good workmanlike manner by licensed contractors. If Landlord objects to the repairs and/or maintenance performed or the expenses incurred by Tenant in performing such repairswork, or if Landlord shall fail deliver a written notice of Landlord's objection to perform any Tenant within thirty (30) days after Landlord's receipt of Tenant's invoice evidencing the expenses incurred by Tenant. Landlord's notice shall set forth in reasonable detail Landlord's reasons for its claim that such repairs and/or maintenance were not required under or were not Landlord's obligation in the terms of this Lease of an emergency condition within 48 hours' written notice from Tenant, then Tenant may elect to make such repairs at and/or the reasons for Landlord's expense dispute of the expenses incurred by complying with the following provisions Tenant in performing such work. Upon receipt of this Section 7.6. Before making any such repairnotice, Tenant shall deliver contact Landlord, and the parties shall negotiate in good faith to Landlord a notice for the need for such repair ("Self-Help Notice"resolve any conflicts related to work performed and expenses incurred pursuant to this Paragraph 14(d). In no event, which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord failhowever, 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 set off such sums owing from Landlord against 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 workpayable hereunder.

TENANT'S SELF-HELP. If Landlord shall default in the observance or performance of any material term or provision of this Lease on Landlord’s part to be observed or performed and Tenant’s ability to use and occupy the Premises is materially impaired as a result thereof, and such failure continues for thirty (30) days after written notice thereof to Landlord and any Encumbrancer (such period shall be extended if Landlord is using good faith, diligent and commercially reasonable efforts to remedy such default) or such shorter period, if any, as Tenant may reasonably determine to be appropriate in case of an emergency involving an imminent threat to life or property, then, except in the event of such an emergency, Tenant shall deliver a second notice to Landlord and any Encumbrancer (such written notice to expressly state Tenant’s intention to exercise its rights under this Section 20.9), and if Landlord does not commence required repairs or commence such other actions within five (5) business days thereafter as required to remedy such default and the rights of any Encumbrancer to cure such default pursuant to any SNDA has expired, then Tenant, without being under any obligation to do so and without thereby waiving such default, may remedy such default on behalf of Landlord. In performing any work in the Building under this Section 20.9, Tenant shall use contractors approved by Landlord in the past to perform similar work in the Building (unless such contractors are not available to perform on a timely basis, in which case Tenant may utilize the services of any other qualified contractors that typically and regularly perform similar work in Comparable Buildings and shall engage only labor that is harmonious and compatible with other labor working in the Building) and in all events such contractors must at all times maintain the insurance coverage required hereunder of contractors who perform work on behalf of Tenant in the Premises. Notwithstanding anything the foregoing, Tenant shall not exercise its rights under this Section 20.9 as to any equipment and systems where warranty coverage is in place to the contrary contained in Section 7.2 extent Tenant has been given notice of the same. Promptly following completion of any work undertaken by Tenant pursuant to this LeaseSection, if Tenant shall deliver a detailed invoice of the work completed, the materials used and the reasonable costs relating thereto, an assignment of any and all warranties relating to such work, and an unconditional final lien waiver and release regarding such work. If Landlord shall fail does not deliver a detailed written objection to perform any repair obligations required under this Article VII Tenant within thirty (30) days following Tenant's written request for after receipt of such repairs, or if Landlord shall fail to perform any repairs required under this Lease of an emergency condition within 48 hours' written notice invoice and documentation from Tenant, then Tenant may elect shall be entitled to make deduct from Base Rent payable by Tenant under this Lease (or to a credit against the Purchase Price as provided in Section 31.4(d), as applicable) or seek reimbursement from Landlord as provided in Section 3.2.6, the amount set forth in such repairs at Landlord's expense by complying invoice, commencing with the following provisions Base Rent first due and payable at least forty five (45) days after Tenant’s delivery of this Section 7.6such invoice. Before making any such repairIf, Tenant shall deliver however, Landlord delivers 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 failTenant, within ten thirty (1030) days following receipt after delivery of Tenant’s invoice, a written objection to the Self-Help Notice payment of such invoice, setting forth with reasonable detail Landlord’s good faith reasons for its claim that such action did not have to be taken by Tenant pursuant to this Lease or that the charges are unreasonable (or within 48 hours following notice in which case Landlord shall pay the event of necessary emergency repairsamount it contends would have been reasonable), to commence the necessary repair or to make other arrangements reasonably satisfactory to Tenant, then Tenant shall have not then be entitled to such deduction from Base Rent (or a credit against the Purchase Price under Section 31.4(d), as applicable) or reimbursement by Landlord as provided in Section 3.2.6, but, rather, such dispute shall be resolved by arbitration in accordance with the provisions of Section 35.6 hereof. Tenant’s right to make such perform repair on behalf work under this Section 20.9 shall be subject to the rights of Landlord. Landlord shall promptly reimburse Tenant for the reasonable costs any other tenants or other occupants 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 indemnify, defend, protect, and hold harmless Landlord from and against any and all losses, claims, costs, damages, liability and expenses (including without limitation reasonable attorneys’ fees and costs of suit) arising from the risk negligence or willful misconduct of any damage, loss Tenant or injury resulting from such workanyone performing work on Tenant’s behalf.

TENANT'S SELF-HELP. Notwithstanding anything to the contrary contained in Section 7.2 of this Lease, if If Landlord shall fail to perform any repair obligations required under this Article VII Lease 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 24 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 24 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 bonded 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.