Example ContractsClausesLandlord’s Self-Help; Fees and Expenses
Landlord’s Self-Help; Fees and Expenses
Landlord’s Self-Help; Fees and Expenses contract clause examples

Landlords Self-Help; Fees and Expenses. If Tenant shall default in the performance of any covenant on Tenants part to be performed in this Lease contained, including without limitation the obligation to maintain the Premises in the required condition pursuant to Section 10.1 above, Landlord may, upon reasonable advance notice, except that no notice shall be required in an emergency, immediately, or at any time thereafter, perform the same for the account of Tenant. Tenant shall pay to Landlord upon demand therefor any costs incurred by Landlord in connection therewith, together with interest at the Default Rate until paid in full. In addition, Tenant shall pay all of Landlords costs and expenses, including without limitation reasonable attorneys’ fees, incurred # in enforcing any obligation of Tenant under this Lease or # as a result of Landlord or any of the Landlord Parties, without its fault, being made party to any litigation pending by or against any of the Tenant Parties.

Landlords Self-Help; Fees and Expenses. If Tenant shall default in the performance of any covenant on Tenants part to be performed in this Lease contained, including without limitation the obligation to maintain the Premises in the required condition pursuant to Section 10.1 above, Landlord may, upon reasonable advance notice, except that no notice shall be required in an emergency, immediately, or at any time thereafter, perform the same for the account of Tenant. Tenant shall pay to Landlord within thirty (30) days of Landlords demand therefor any costs incurred by Landlord in connection therewith, together with interest at the Default Rate until paid in full. In addition, Tenant shall pay all of Landlords costs and expenses, including without limitation reasonable attorneys’ fees, incurred # in enforcing any obligation of Tenant under this Lease or # as a result of Landlord or any of the Landlord Parties, without its fault, being made party to any litigation pending by or against any of the Tenant Parties.

Self-Help. If after all of the required notices have been given and all of the time periods for cure have expired under Paragraph 16.4, neither Landlord nor the holder of any mortgage or deed of trust covering the Property whose name and address have been furnished to Tenant in writing has performed the obligation concerned, and if, but only if, the obligation concerned is one that is to be performed wholly within the Premises and does not affect the Building structure or systems (including, without limitation, life and safety, electrical, plumbing, gas, mechanical or HVAC), then after at least three (3) business days’ prior written notice to Landlord, Tenant may, in compliance with the provisions of Paragraphs 9.2(a) and (b) and subject to all other applicable provisions of this Lease (other than Paragraphs 9.2(c), (d), (e), (f) and (g)), and provided that the persons performing such work are properly insured in a commercially reasonable manner, perform such obligation in a first-class and workmanlike manner. Landlord shall reimburse Tenant for the reasonable cost of performing such obligation within ten (10) business days after receipt of a written invoice from Tenant, accompanied by evidence of payment in full by Tenant and any appropriate executed lien waivers.

SELF HELP. In the event of any breach of this Sublease by Subtenant, beyond applicable notice, grace and cure periods, Sublandlord may, at Sublandlord's sole option, at any time, without notice, cure such breach for the account and at the expense of Subtenant. If Sublandlord at any time so elects, or is compelled, to cure any such breach and/or is compelled to incur any other expense because of any such breach of Subtenant (including, without limitation, reasonable attorneys' fees and disbursements in reasonable amounts in instituting, prosecuting or defending any suits, actions or proceedings to enforce Sublandlord's rights under this Sublease or otherwise), the reasonable out-of-pocket sum or sums so paid by Sublandlord, with all interest at the rate of eighteen percent (18%) per annum, costs and damages shall be paid by Subtenant to Sublandlord, as additional rent, within thirty (30) days following Sublandlords written demand.

SELF-HELP. If Tenant defaults in the making of any payment or in the doing of any act under this Lease required to be made or done by Tenant, then Landlord may, but shall not be required to, make such payment or do such act, and charge the amount of the expense thereof, if made or done by Landlord, with interest thereon at the Default Rate, together with an administrative charge equal to ten percent (10%) of such expense plus Landlords reasonable attorneys’ fees incurred by Landlord in recovering such amount from Tenant. Such payment and interest shall constitute Rent hereunder due and payable within five (5) days after Landlords demand therefor. If Landlord defaults in the doing of any act under this Lease required to be made or done by Landlord, then Tenant may, but shall not be required to, do such act, and recover from Landlord the amount of the expense thereof, if done by Tenant, with interest thereon at the Default Rate, together with an administrative charge equal to ten percent (10%) of such expense plus Tenants reasonable attorneys’ fees incurred in recovering such amount from Landlord.

Landlords Self-Help. If Tenant defaults in any of its non-monetary obligations under this Lease, and thereafter fails to cure such default within thirty (30) days after Tenant receives notice of such default from Landlord (except that no prior notice shall be required in an emergency), then Landlord, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of Tenant. If Landlord makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorneys’ fees, in instituting, prosecuting, or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Lease Interest Rate, shall be paid to Landlord by Tenant as Additional Rent.

Self-Help. For purposes of this [Section 13.2], a “Service Level Failure” shall have occurred if in any month a Provider fails to provide any Transition Service in accordance with Article 2. In the event that either # the same Service Level Failure shall occur in two (2) consecutive month-end periods or # any Service Level Failure is not cured within thirty days after Providers receipt of a Service Level Failure notice from Operator, Operator shall have the absolute right, but not the obligation, to leverage existing, or procure or retain, human resources, software, systems, services, or facilities or the like that is, in Operators reasonable discretion, required to achieve the applicable Service Standard for each of the Transition Services for which there is a Service Level Failure (such right, the “Self-Help Right”). Such Provider shall reimburse Operator for any costs and expenses Operator reasonably incurs in the exercise of the Self-Help Right.

Landlords Self-Help; Fees and Expenses. If Tenant shall default in the performance of any covenant on Tenants part to be performed in this Lease contained beyond applicable notice and cure periods, including without limitation the obligation to maintain the Premises in the required condition pursuant to Section 10.1 above, Landlord may, upon reasonable advance notice, except that no notice shall be required in an emergency, immediately, or at any time thereafter, perform the same for the account of Tenant. Tenant shall pay to Landlord upon demand therefor any reasonable costs incurred by Landlord in connection therewith, together with interest at the Default Rate until paid in full.

Landlords Self-Help; Fees and Expenses. If Tenant shall default in the performance of any covenant on Tenants part to be performed in this Lease contained, including the obligation to maintain the Premises in the required condition pursuant to Section 8.1 above, Landlord may, upon reasonable advance notice, except that no notice shall be required in an emergency, immediately, or at any time thereafter, perform the same for the account of Tenant. Tenant shall pay to Landlord upon demand therefor any costs incurred by Landlord in connection therewith, together with interest at the Default Rate until paid in full. In addition, Tenant shall pay all of Landlords costs and expenses, including reasonable attorneys’ fees, incurred # in enforcing any obligation of Tenant under this Lease or # as a result of Landlord or any of the Landlord Parties being made party to any litigation pending by or against any of the Tenant Parties.

If Tenant believes that Landlord has failed to timely perform any required repairs expressly required of Landlord to perform pursuant to the express terms of this Lease, including Section 3.03, in all events, solely within the Premises (collectively herein called a “Self Help Item”), Tenant may give Landlord a written notice (herein called a “Self Help Notice”) of Tenants intention to perform such Self Help Item on Landlords behalf solely to the extent that the work required to cure the Self Help Item would affect only the Premises. If Landlord fails within ten (10) business days after its receipt of such Self Help Notice to either # commence (and thereafter continue to diligently perform) the cure of such Self Help Item or # give a notice to Tenant (herein called a “Landlords Self Help Dispute Notice”) disputing Tenants right to perform the cure of such Self Help Item pursuant to the terms of this Section 28.21, Tenant shall have the right, but not the obligation, to commence and thereafter prosecute the cure of such Self Help Item in accordance with the provisions of this Section 28.21 at any time thereafter, provided that Tenant commences to cure such Self Help Item prior to the date on which Landlord either # notifies Tenant that it intends to immediately commence to cure such Self Help Item and promptly commences such cure or # gives to Tenant a Landlords Self Help Dispute Notice. The extent of the work performed by Tenant in curing any such default by Landlord shall not exceed the work that is reasonably necessary to effectuate such remedy and the cost of such work shall be reasonably prudent and economical under the circumstances. Notwithstanding anything to the contrary contained herein, Tenant shall not be entitled to cure any such default of Landlord if the performance of such cure # would affect any other portion of the Building other than the Premises, # is structural or affects the structural elements of the Building, or # would affect base Building systems outside the Premises or would impair or disrupt services to the other tenants of the Building.

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