Tenant’s Self-Help Rights. Notwithstanding anything to the contrary set forth in this Article 7, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance which are Landlord's obligation to perform under Section 7.2 above, and Landlord fails to undertake such repairs and/or maintenance within thirty (30) days after receipt of such notice (or such longer time as is reasonably necessary if more than thirty (30) days are reasonably required to complete such repairs and Landlord commences such repairs within such 30-day period and thereafter diligently attempts to complete same), then Tenant may proceed to undertake such repairs and/or maintenance upon delivery of an additional three (3) business days' notice to Landlord that Tenant is taking such required action (provided, however, that no additional notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Landlord and are not performed by Landlord prior to the expiration of such three (3) business day period (or the initial notice and repair period set forth in the first sentence of this Section 7.3 in the event of emergencies where no second notice is required) (the "Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice together with interest thereon at the Interest Rate, which shall have accrued on the amount of such invoice during the period from and after Tenant's delivery of such invoice to Landlord through and including the earlier of the date Landlord delivers the payment to Tenant or the date Tenant offsets such amount against the Rent; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant ...
Tenant’s Self-Help Rights. Notwithstanding anything to the contrary set forth in this Article 7, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance which are Landlords obligation to perform under Section 7.2 above, and Landlord fails to undertake such repairs and/or maintenance within a reasonable period of time, given the circumstances, after receipt of such notice (but in no event earlier than ten (10) days after receipt of such notice except in cases where them is an immediate threat of material and substantial property damage or immediate threat of bodily injury, in which case such shorter period of time as is reasonable under the circumstances), then Tenant may proceed to undertake such repairs and/or maintenance upon delivery of an additional three (3) business days' notice to Landlord that Tenant is taking such required action (or no additional notice in the event of an emergency which threatens life or where there is imminent danger to property or a possibility that a failure to take immediate action could cause a material, adverse disruption in Tenant's normal and customary business activities). If such repairs and /or maintenance were required under the terms of this Lease to be performed by Landlord and are not performed by Landlord prior to the
Tenant’s Self-Help Rights. If Landlord fails to perform any obligation required of Landlord within ten (10) days after Tenant’s written notice given pursuant to Section 15.3 hereof, and provided such default by Landlord either (i) creates a risk of personal injury or material property damage or (ii) materially interferes with Tenant’s access to or use of the Premises, then, subject to Tenant first giving Landlord not less than five (5) business day’s prior written notice (“Self-Help Notice”) as hereinafter provided, Tenant may, but shall not be obligated to, take such action as may be reasonably required to cure Landlord’s default; and in any such event, Tenant shall have the right to offset against the Rent payable hereunder the reasonable cost of such curative measures as supported by written evidence thereof to be provided to Landlord. Any Self-Help Notice given by Tenant shall specify the nature of Landlord’s default under this Lease and Tenant’s intended curative measures.
Tenant’s Self-Help Rights. If Landlord has defaulted in the performance of any term or covenant required to be performed by it under this lease so that at least thirty percent (30%) of the Leased Premises is untenantable, inaccessible or incapable of use by Tenant in the ordinary course of its business, after not less than thirty (30) days' prior notice to Landlord, and provided that Landlord has not within such thirty (30) day period promptly commenced and diligently pursued a cure, Tenant may, but shall not be obligated to, remedy such default and in connection therewith may pay reasonable sums to cure or alleviate such default and employ counsel. All reasonable sums expended or obligations incurred by Tenant in connection therewith shall be paid by Landlord to Tenant upon demand.
Tenant’s Self-Help Rights. In the event Landlord fails to comply with any of the terms, conditions or provisions of this Lease, including without limitation Landlord’s obligations pursuant to Section 19.7, and such failure continues for more than thirty (30) days after notice thereof from Tenant (or such shorter period as is reasonable in the case of an emergency or such longer period if Landlord commences to complete such obligation and proceeds diligently and with reasonable dispatch to complete such obligation), Tenant shall have all available rights and remedies provided at law or in equity and, without limiting the foregoing, Tenant may perform the obligation which Landlord has failed to perform and Landlord shall reimburse Tenant for any costs and expenses incurred by Tenant for such performance within thirty (30) days after Tenant’s written demand therefor, which demand shall include reasonable documentation evidencing such amounts owed to Tenant.
Tenant’s Self-Help Rights. A. Subject to the provisions of this Article 27, except in the event of a fire, casualty or condemnation (for which the provisions of Articles 15 and/or Article 16 of this Lease shall apply), if Landlord fails to make any repair or provide any service which Landlord is obligated to perform or provide under this Lease, and such failure by Landlord is not the result of a Tenant Omission or Unavoidable Delay, Tenant shall have the right (but not the obligation) to perform and fulfill Landlord’s obligation with respect thereto in accordance with the provisions of this Article 27. The extent of the work performed by Tenant in curing any such Landlord default shall not exceed the work that is reasonably necessary to effectuate such remedy and the cost of such work shall be reasonable under the circumstances. Notwithstanding anything to the contrary contained herein, Tenant shall not be entitled to cure any default of Landlord if (i) such cure requires access to the premises of other tenants or occupants of the Building, or (ii) the performance of such cure would require access to Building Equipment that services tenants other than Tenant or in addition to Tenant or would impair or disrupt services to the tenants of the Building. The defaults of Landlord that Tenant is permitted to cure in accordance with the provisions of this Section 27.A are hereinafter referred to as “Self-Help Items.”
Tenant’s Self-Help Rights. If Landlord shall fail to make any repairs on Landlord’s part to be performed pursuant to Section 7.02 of this Lease and (a) the failure to make such repairs materially and adversely impairs Tenant’s ability to use the Premises for the operation of its business in accordance with the terms of this Lease, (b) said repairs are not necessitated by, and such failure is not caused by, the actions of Tenant, Tenant’s contractors, servants, employees, invitees or licensees, or any of their respective agents or employees, (c) Tenant is not in default of any provision of this Lease, beyond the expiration of applicable notice and cure periods, at the time any notices of Landlord’s failure are given or any self-help rights are exercised and (d) Tenant has not assigned the Lease without the approval of Landlord required under this Lease (any such failure of repairs satisfying the above conditions a “Landlord’s Default”), then, subject to the further terms and conditions below, Tenant shall have the rights of self-help and reimbursement provided below.
Tenant’s Self-Help Rights. Tenant waives the right to make repairs ------------------------- at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature).
Tenant’s Self-Help Rights. 24.1. Self-Help Event.
Tenant’s Self-Help Rights. 14 44. GUARANTY....................................................................................14 EXHIBITS:
