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

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.

Appears in 1 contract

Samples: Lease With Option to Purchase (Delcath Systems Inc)

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TENANT'S SELF-HELP. If Landlord shall breach breach, or 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 01/2 2/9 1 Xxxxxxx. lease , 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) I 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 and save Tenant harmless therefrom; provided that Tenant may cure any such breach or I failure as aforesaid prior to the expiration of said waiting period, without notice to Landlord an emergency situation exists, or after notice to Landlord, the curing of such breach or failure prior to the expiration of said waiting period if is reasonably necessary to protect the Demised Premises or Tenant’s 's interest therein, therein or 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.thirty

Appears in 1 contract

Samples: Lease

TENANT'S SELF-HELP. If Landlord shall breach breach, or 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 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 emergency (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 's written demand therefor may be applied by Tenant as a credit against Tenant’s 's next payment(s) of Fixed Minimum Rent or other charges.

Appears in 1 contract

Samples: Lease (Ultimate Electronics Inc)

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TENANT'S SELF-HELP. If Landlord shall breach breach, or 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 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 emergency (e.g., roof leakfailure of air conditioning). 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 next payment(s(a) one hundred percent (100%) of Fixed Tenant's next of Percentage Rent (if applicable), or other chargescharges (other than Minimum Rent), and (b) fifty percent (50%) of Tenant's next payment of Minimum Rent, which offset shall continue monthly until Tenant has been reimbursed in full.

Appears in 1 contract

Samples: Lease

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