Tenant Self-Help Sample Clauses

Tenant Self-Help. In the event Landlord defaults under the terms and conditions of this Lease, beyond any applicable notice or cure periods, Tenant may, at its option (in addition to all other rights and remedies specifically set forth in this Lease), upon further written notice to Landlord of Tenant’s intention to exercise its self-help remedies hereunder and after providing Landlord with an additional ten (10) day cure period thereafter, incur any reasonable expense necessary to perform the obligation of Landlord specified in such notice and ▇▇▇▇ landlord for the reasonable and actual costs thereof. Notwithstanding the foregoing, if an emergency shall exist which requires immediate action in order to prevent death, bodily injury, or significant property damage and/or prevent a material interference with Tenant’s business operations at the Premises, Tenant may cure such default with only reasonable (under the circumstances) notice to Landlord being required. If Landlord has not reimbursed Tenant within thirty (30) days after receipt of Tenant’s ▇▇▇▇ and copies of paid invoices, then Tenant may deduct the reasonable cost of such expense from the Rent next becoming due (but in no event more than fifty percent (50%) of the Rent due in any applicable month), together with interest thereon at 8%. ADDITIONAL PROVISIONS ARE SET FORTH IN A RIDER OR RIDERS ATTACHED HERETO. Landlord and Tenant have signed this Lease as of the date first shown above. “LANDLORD” “LANDLORD” By: Gateway 80 Industrial PG, LLC a Delaware limited liability company, Managing Member By: PDC Sacramento LLC, a Delaware limited liability company Its Manager By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Local Partner “TENANT” By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: CEO

Tenant Self-Help. If Tenant delivers written notice to Landlord specifying with particularity any condition requiring maintenance or repair that is Landlord’s obligation to so repair or maintain, and of the intention of Tenant to exercise the right of self-help with respect to such condition, Landlord shall respond in writing within ten (10) business days after receipt of such notice to inform Tenant that (i) Landlord is proceeding, and will proceed, with all due diligence to undertake and prosecute such repairs and maintenance to their completion, (ii) Landlord is undertaking such repairs, but that such repairs or maintenance reasonably will take more than ten (10) business days to commence, and setting forth a proposed timeline for such repairs, or (iii) Landlord does not currently have sufficient funds appropriated for such repairs or maintenance. If Landlord does not respond within such 10-business day period, Tenant shall send a second notice to Landlord, containing the substance of the first notice and stating that Tenant will undertake such repairs or maintenance if Landlord does not respond within five (5) business days following such second notice. If Landlord either responds in accordance with (iii) above or fails to respond to the second notice from Tenant, then Tenant may undertake such repairs or maintenance on behalf of Landlord and deduct the actual and reasonable out of pocket costs incurred by Tenant in performing such repairs or maintenance from the next installments of Base Rent then becoming due until Tenant has been reimbursed therefor. Upon completion of such repairs or maintenance, Tenant shall deliver to Landlord reasonable documentation of its out-of-pocket costs incurred with respect thereto. Notwithstanding anything in this Lease which may be to the contrary, if Tenant determines in its sole discretion to exercise the self-help provisions of this Section, it shall, subject to its offset rights contained in this Section, be entitled to no other remedy arising from the failure of the Landlord to perform the maintenance or repairs required by this Lease that were subject to such remedy of self-help.

Tenant Self-Help. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not perform any construction, repair or other work or provide any service pursuant to the exercise of Tenant’s right to do so upon Landlord’s failure to do so as required under this Lease unless same is capable of being performed by Tenant (i) taking action wholly within the Demised Premises, (ii) without altering or adversely affecting any of the structural components, the roof, or the lobby of the Building (other than Tenant’s private lobby which forms a part of the Demised Premises); the Building’s systems, any area outside of the Demised Premises, or any facility serving any other leased premises in the Building, and (iii) without adversely affecting the use or occupancy of any other tenant in the Building for the purposes permitted by such tenant’s lease, other than to a de minimis extent. If Tenant rightfully elects to perform construction, repair or other work, then Tenant shall promptly commence performance of same and shall prosecute the same diligently and with continuity to completion.

Tenant Self-Help. In the event that Landlord shall be in default in the performance of any of Landlord’s repair and maintenance obligations under this Lease beyond the expiration of the applicable notice and cure, then, as Tenant’s sole remedy at law, equity, or under this Lease, Tenant may, without being under any obligation to do so and without thereby waiving its rights with regard to Landlord’s default, following ten (10) days’ written notice to Landlord and any Mortgagee, perform such obligation as an Alteration under this Lease and charge the reasonable third party cost thereof to Landlord; provided, however, that in the case of emergency or imminent threat to the safety of occupants in the Premises or material property damage within the Premises or to Tenant’s manufacturing operations, Tenant may make such emergency repairs upon such shorter notice to Landlord and any Mortgagee as may be reasonably practicable under the circumstances. All out-of-pocket costs incurred by Tenant in connection with the performance of any such act by Tenant shall be payable by Landlord to Tenant within thirty (30) days following invoice.

Tenant Self-Help. If Landlord fails to commence any Landlord Repairs, and such failure continues for five (5) Business Days following Landlord’s receipt of written notice of such failure, then Tenant, upon twenty-four (24) hours’ prior written notice (“Tenant’s Self Help Notice”) delivered to Landlord, shall have the right to perform such portion of the Landlord Repairs (“Tenant Self Help”). Tenant’s Self Help Notice shall identify with specificity the nature of the Landlord Repairs to be undertaken by Tenant and shall include a copy of any cost or bid proposal submitted to Tenant by such contractor. Landlord shall reimburse the actual out-of-pocket reasonable costs of Tenant’s Self Help within thirty (30) days following Tenant’s delivery of (a) a written notice describing in reasonable detail the actions taken by Tenant, and (b) reasonably satisfactory evidence of the cost of such remedy.

Tenant Self-Help. In the event that Tenant is not able to use any portion of the Premises for its intended use as a result of a default by Landlord in the performance of (i) Landlord’s maintenance obligations expressly provided in this Lease, or (ii) any other obligations of Landlord expressly provided in this Lease that causes an emergency or material disruption to the normal conduct of Tenant’s business in the Premises, in either case during the first twenty (20) days of the Landlord Cure Period, then Tenant may, at its option, upon delivery of an additional written notice to Landlord take reasonable actions to cure such default if Landlord has not cured such default within ten (10) days after delivery of the additional written notice to Landlord; provided, however, with respect to maintenance obligations within or impacting the Premises in the event of an Emergency, Tenant may proceed with curing such default without sending such additional notice and within such shorter time as reasonably determined by Tenant under the circumstances. With respect to the additional written notice referenced above, Tenant must expressly state that it is exercising its remedies pursuant to this Section. In the event Tenant takes any action to cure a default, Tenant shall only utilize the services of a qualified contractor which normally and regularly performs similar work at comparable buildings. Promptly following completion of any work performed by Tenant pursuant to the terms of this Section 21.9(b), Tenant shall deliver a detailed invoice of the work completed, the materials used, and the costs relating thereto. Landlord shall reimburse Tenant for the reasonable out-of-pocket costs of such cure within thirty (30) days after receipt of such invoice and other supporting documentation.

Tenant Self-Help. Landlord covenants and agrees that if Landlord shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Tenant after thirty (30) days written notice to Landlord (or shorter period in the event of an emergency) may, but shall not be obligated to, and without waiving or releasing Landlord from any obligation of Landlord under this Lease, make such payment or perform such other act to the extent Tenant may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by Tenant and all expenses in connection therewith, together with interest thereon at rate of ten percent per annum from the date of such payment, shall be deemed Additional Rent hereunder and be payable to Tenant on demand.

Tenant Self-Help. In the event Landlord fails to make promptly any repairs required of Landlord hereunder, or fails to perform any of its other obligations, Tenant may, at its option, if such failure continues for more than thirty (30) days after Tenant has provided notice to Landlord (except that no prior notice shall be required in an emergency), make such repairs or perform such obligations to Landlord’s account and the cost thereof will become an obligation of Landlord under this Lease, payable within thirty (30) days of demand and any such amount shall bear interest at the Lease Interest Rate, as defined in Section 5, from the date of demand. If Landlord fails timely to pay any amounts due to Tenant pursuant to this Section 15 and Tenant obtains an arbitrator’s award that Landlord should have paid such amount, Tenant shall have the right to deduct such amounts from the next installments of Base Rent and other charges due from Tenant under the Lease.

Tenant Self-Help. Landlord shall be in default if it shall fail to perform or observe any term, condition, covenant or obligation as required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord specifying the items in default or, in the case of a default or a contingency that cannot with due diligence, in good faith, be cured within said thirty (30) day period, then within such extended period as may be necessary to complete the same in the ordinary course, but not more than sixty (60) days after ▇▇▇▇▇▇’s initial written notice from Tenant to Landlord specifying the items in default. Upon the occurrence of any such default, Tenant may (but is not obligated to) cure such default on behalf of Landlord and in Tenant’s discretion, Tenant may offset and deduct the reasonable costs and expenses incurred by Tenant in curing such default (plus a 15% administrative fee) from Base Rent and/or any other amounts owed to Landlord under this Lease, or, if requested by Tenant, Landlord shall reimburse Tenant for the reasonable cost and expense incurred by Tenant in curing such default (plus a 15% administrative fee) upon written request. In addition to any of the foregoing remedies, if Landlord is in default or breach of the terms of this Lease, Tenant may sue for specific performance, injunctive relief or to recover damages for any loss resulting from such breach, and Tenant may terminate this Lease and/or pursue any remedies available at law or in equity.