Common use of Tenant’s Self-Help Remedy Clause in Contracts

Tenant’s Self-Help Remedy. If Landlord fails to perform any agreement or obligation on its part to be performed under this Lease, Tenant shall have the right (a) if no emergency exists (a condition which creates a risk of imminent danger to persons or substantial damage to property), to perform the same after giving thirty (30) days' notice to Landlord and to any party entitled to receive notices hereunder, provided Landlord shall not commence to cure such default within such thirty (30) day period and thereafter proceed with due diligence to do so; and (b) in any emergency situation, to perform the same immediately without notice or delay. Tenant agrees that if Tenant is entitled and elects to rectify any default as aforesaid, Tenant shall effect such cure in a reasonable manner and so as not to interfere unreasonably with the rights of third parties, including other tenants. Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in rectifying defaults as aforesaid. Tenant shall provide Landlord with copies of the invoices or other written evidence of the costs incurred by Tenant for which Tenant claims reimbursement. Any act done by Tenant pursuant to this Article shall not constitute a waiver by Tenant of any such default by Landlord or a waiver of any covenant, term or condition herein contained or the performance thereof. If (i) Tenant obtains a final judgment by a court of competent jurisdiction against Landlord on account of any breach by Landlord of any covenant or obligation to be performed by Landlord under this Lease and (ii) Landlord does not pay the amount due Tenant under such final judgment within the time provided for payment of such judgment or court order, Tenant may, at its option, upon thirty (30) days' notice to Landlord (with a copy of such notice being sent to any party entitled to receive notices hereunder) offset such amount due Tenant against its payment of Rent payable under this Lease to the extent of such amount due. Any amount so offset shall be subject to recovery by Landlord in the event Landlord shall prevail in connection with any appeal of such judgment. Tenant agrees that the cure or rectification by any party entitled to receive notice hereunder shall be deemed a cure or rectification by Landlord hereunder.

Tenant’s Self-Help Remedy. If Landlord fails to perform its obligations under Sections 15.A, 15.B or 15.C, above by January 31, 2016, and Landlord shall not have commenced efforts to cure such failure within thirty (30) days after notice thereof from Tenant expressly stating that the failure of Landlord to cure timely shall give rise to Tenant’s right to cure pursuant to this Section 15.D, or Landlord thereafter shall fail to proceed diligently to complete such cure, then Tenant, at its option, may, but shall not be obligated to, in a commercially reasonable fashion, perform such obligations for the account of Landlord. Landlord agrees to reimburse Tenant for any agreement reasonable amounts actually paid by Tenant in connection therewith within thirty (30) days after Tenant gives Landlord notice thereof (which shall include appropriate documentation describing, in reasonable detail, any work or obligation on its part services provided by Tenant for the account of Landlord, together with supporting invoices therefor). If Landlord shall fail to be performed under reimburse Tenant and such failure shall continue for thirty (30) days after Tenant provides a written notice to Landlord which expressly and specifically identifies such failure to pay the amount requested and specifically references this LeaseSection 15.D, then Tenant shall have the right (ato set-off such unpaid amount against the next monthly installment(s) if no emergency exists (a condition which creates a risk of imminent danger to persons or substantial damage to property), rent payable under the Lease. If Tenant undertakes to perform the same after giving thirty (30) days' notice to Landlord and to any party entitled to receive notices hereunder, provided Landlord shall not commence to cure such default within such thirty (30) day period and thereafter proceed with due diligence to do so; and (b) in any emergency situation, to perform the same immediately without notice or delay. Tenant agrees that if Tenant is entitled and elects to rectify any default as aforesaid, Tenant shall effect such cure in a reasonable manner and so as not to interfere unreasonably with the rights of third parties, including other tenants. Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in rectifying defaults as aforesaid. Tenant shall provide Landlord with copies of the invoices or other written evidence of the costs incurred by Tenant for which Tenant claims reimbursement. Any act done by Tenant work pursuant to this Article Section 15.D: (1) the insurance and indemnity provisions of the Lease shall not constitute apply to Tenant’s performance of such work; (2) Tenant shall proceed in accordance with all applicable laws and legal requirements; (3) Tenant shall retain only duly licensed and reputable contractors and suppliers; (4) Tenant shall perform all work in a waiver good and workmanlike and commercially reasonable manner, consistent with the standards of the Building; (5) Tenant shall use new or like new materials; (6) in no event shall any work performed by Tenant adversely affect the structure of the Building or any such default by Landlord or a waiver of any covenantBuilding systems, term or condition herein contained or the performance thereof. If and (i7) Tenant obtains a final judgment by a court shall use diligent efforts to minimize any interference or impact on the other tenants and occupants of competent jurisdiction against Landlord on account of any breach by Landlord of any covenant or obligation to be performed by Landlord under this Lease and (ii) Landlord does not pay the amount due Tenant under such final judgment within the time provided for payment of such judgment or court order, Tenant may, at its option, upon thirty (30) days' notice to Landlord (with a copy of such notice being sent to any party entitled to receive notices hereunder) offset such amount due Tenant against its payment of Rent payable under this Lease to the extent of such amount due. Any amount so offset shall be subject to recovery by Landlord in the event Landlord shall prevail in connection with any appeal of such judgment. Tenant agrees that the cure or rectification by any party entitled to receive notice hereunder shall be deemed a cure or rectification by Landlord hereunderBuilding.

Tenant’s Self-Help Remedy. If Section 26.1 While the Landlord fails to perform is Nortel Networks Technology Corporation, or any agreement entity affiliated with Nortel Networks Technology Corporation or Nortel Networks Limited, and except in the case of an Unavoidable Delay, if Landlord shall default in the performance or observance of any obligation or condition in this Lease on its part to be performed under this Lease, Tenant shall have the right or observed which results in a Material Interruption (aas hereinafter defined) if no emergency exists (a condition which creates a risk of imminent danger to persons or substantial damage to property), to perform the same after giving thirty (30) days' notice to Landlord and to any party entitled to receive notices hereunder, provided Landlord shall not commence to cure such default within two (2) Business Days after notice from Tenant specifying the default (or shall not within such thirty (30) day period have commenced to cure the default and thereafter proceed be pursuing the cure of the default with due diligence to do so; and (b) in any emergency situation, to perform the same immediately without notice or delay. Tenant agrees that if Tenant is entitled and elects to rectify any default as aforesaid, Tenant shall effect such cure in a reasonable manner and so as not to interfere unreasonably with the rights of third parties, including other tenants. Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in rectifying defaults as aforesaid. Tenant shall provide Landlord with copies of the invoices or other written evidence of the costs incurred by Tenant for which Tenant claims reimbursement. Any act done by Tenant pursuant to this Article shall not constitute a waiver by Tenant of any such default by Landlord or a waiver of any covenant, term or condition herein contained or the performance thereof. If (i) Tenant obtains a final judgment by a court of competent jurisdiction against Landlord on account of any breach by Landlord of any covenant or obligation to be performed by Landlord under this Lease and (ii) Landlord does not pay the amount due Tenant under such final judgment within the time provided for payment of such judgment or court orderdiligence), Tenant may, at its option, upon thirty (30) days' without waiving any claim for damages for the default permitted under this Lease, at any time thereafter, and on written notice to Landlord, take such steps as are necessary to cure such default. Tenant shall submit detailed invoices to Landlord for the costs incurred by Tenant to cure such default of Landlord, and if Landlord fails to pay the costs so invoiced, or to provide notice to Tenant denying that it has committed a default or responsibility for the costs so invoiced (with a copy which notice must include reasonable detail of the grounds on which Landlord is supporting such notice being sent assertion) and request an arbitration of the issue pursuant to Section 26.2 within fifteen (15) days after its receipt of the aforesaid invoice, Tenant shall have the right to deduct such costs, and interest thereon, from the amounts then owed for any party entitled Rent due or to receive notices hereunder) offset such amount become due by Tenant against its payment of Rent payable to Landlord under this Lease until the invoice amounts are satisfied in full (“Set-off Right”). Tenant’s right to the extent cure a default of such amount due. Any amount so offset Landlord under this Section 26.1 shall be subject not preclude it from pursuing any other rights available to recovery by Landlord it under this Lease or at law in the event Landlord shall prevail in connection with any appeal of such judgment. Tenant agrees that the cure Set-off Right is insufficient to compensate Tenant for its costs and expenses resulting from Landlord’s default under this Section 26.1 (it being agreed that in no event shall Landlord be responsible for indirect, consequential damages or rectification by any party entitled to receive notice hereunder shall be deemed a cure or rectification by Landlord hereunder.losses of intangible property). For purposes of this Section 26.1, “

Tenant’s Self-Help Remedy. If In the event (i) Landlord fails to timely keep, observe or perform any agreement or obligation of Landlord’s obligations under Section 8A. of this Lease Agreement on its Landlord’s part to be kept, performed under or observed and (ii) such failure has a material adverse affect on Tenant’s ability to use and operate the Leased Premises in accordance with the terms of this LeaseLease Agreement, then (any such event, circumstance or failure by Landlord being herein referred to as a “Landlord Failure”), Tenant shall have the right, but not the obligation, upon satisfaction of the requirements and conditions set forth in this Section 55, to take all commercially reasonable efforts and measures to remedy and cure such Landlord Failure (such rights of Tenant being herein referred to as “Tenant’s Self-Help Rights”). Prior to exercising Tenant’s Self-Help Rights, Tenant shall deliver written notice to Landlord of the relevant Landlord Failure and Tenant’s intention to exercise Tenant’s Self-Help Rights with respect to such Landlord Failure (a “Tenant’s Notice of Intent”). Each Tenant’s Notice of Intent shall describe, in reasonable detail, the particular Landlord Failure for which Tenant intends to exercise Tenant’s Self-Help Rights. In the event all of the matters set forth in subsections (i) and (ii) below do not occur on or before twenty (20) calendar days after the date Tenant delivers Tenant’s Notice of Intent to Landlord and provided a Landlord Failure has occurred, Tenant shall have the right (a) if no emergency exists (a condition which creates a risk of imminent danger to persons or substantial damage to property), to perform the same after giving thirty (30) days' notice to Landlord and to any party entitled to receive notices hereunder, provided Landlord shall not commence to cure such default within such thirty (30) day period and thereafter proceed exercise Tenant’s Self-Help Rights with due diligence to do so; and (b) in any emergency situation, to perform the same immediately without notice or delay. Tenant agrees that if Tenant is entitled and elects to rectify any default as aforesaid, Tenant shall effect such cure in a reasonable manner and so as not to interfere unreasonably with the rights of third parties, including other tenants. Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in rectifying defaults as aforesaid. Tenant shall provide Landlord with copies of the invoices or other written evidence of the costs incurred by Tenant for which Tenant claims reimbursement. Any act done by Tenant pursuant to this Article shall not constitute a waiver by Tenant of any such default by Landlord or a waiver of any covenant, term or condition herein contained or the performance thereof. If (i) Tenant obtains a final judgment by a court of competent jurisdiction against Landlord on account of any breach by Landlord of any covenant or obligation to be performed by Landlord under this Lease and (ii) Landlord does not pay the amount due Tenant under such final judgment within the time provided for payment of such judgment or court order, Tenant may, at its option, upon thirty (30) days' notice to Landlord (with a copy of such notice being sent to any party entitled to receive notices hereunder) offset such amount due Tenant against its payment of Rent payable under this Lease respect to the extent particular Landlord Failure described in Tenant’s Notice of such amount due. Any amount so offset shall be subject to recovery by Landlord in the event Landlord shall prevail in connection with any appeal of such judgment. Tenant agrees that the cure or rectification by any party entitled to receive notice hereunder shall be deemed a cure or rectification by Landlord hereunder.Intent: