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.
Appears in 1 contract
Samples: Lease (Rainbow Rentals Inc)
TENANT'S SELF-HELP. If Landlord shall breach, or fall 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 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 emergencyemergency (e.g., roof leak). Any amounts (together with interest thereon at twelve percent (12%) per annum) 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.
Appears in 1 contract
Samples: Lease (Ultimate Electronics Inc)
TENANT'S SELF-HELP. If Landlord shall breach, breach or fall fail to perform or observe, observe any agreement or condition in this Lease contained on Landlord's ’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 ’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 ’s interest therein, to prevent injury or damage to persons or property, or in the event of any other emergencyemergency (e.g., roof leak). Any amounts not reimbursed by Landlord within thirty (30) days of Tenant's ’s written demand therefor may be applied by Tenant as a credit against Tenant's ’s next payment(s) of Minimum Fixed 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.
Appears in 1 contract
Samples: Lease With Option to Purchase (Delcath Systems Inc)
TENANT'S SELF-HELP. If Landlord shall breach, or fall 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 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 the-Premises or Tenant's interest therein, to prevent injury or damage to persons or property, or in the event of any other emergencyemergency failure of air conditioning). 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 (a) one hundred percent (100%) of Tenant's next payment(s) of Minimum Percentage Rent (if applicable), or other chargescharges (other than Minimum Rent), plus interest, provided that such credit shall not exceed and (b) fifty percent (50%) of Tenant's next payment(s) payment of Minimum Rent and other chargesRent, which offset shall continue monthly until Tenant has been reimbursed in full.
Appears in 1 contract
Samples: Lease Agreement