ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default on the part of Lessee: (1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to Lessor under the provisions of this Lease within three (3) days after the date when due; (2) The failure of Lessee to perform, or the violation by Lessee of, any of the covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed in Subsection 19.1(1) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein, if such failure or violation shall not be cured within fifteen (15) days after notice thereof by Lessor to Lessee; (3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility of ten percent (10%) or more of the patients located in any such Facility; (4) The failure of Lessee to comply with, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor to Lessee if such failure or violation shall not be cured within ten (10) days prior to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying Lease; (5) The voluntary transfer by Lessee of ten percent (10%) or more patients located in any Facility and such transfer is not for reasons relating to the health and well being of the patients that were transferred; (6) The making by Lessee or any Guarantor of an assignment for the benefit of creditors; (7) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty (30) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply); (8) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any Guarantor, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty (30) days after the institution of said proceedings; (9) The sale of any interest of Lessee in the Demised Premises or portion thereof under a writ of execution or other legal process; (10) The failure of Lessee to give notice to Lessor not later than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises; (11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease; (12) The failure on the part of Lessee during the Term to cure or axxxx or receive a waiver for any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of any Facility, including without limitation, any proceedings to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and intermediate care nursing home facility, at any Facility Property or to decertify any Facility Property from participation in the Medicare or Medicaid reimbursement programs, within thirty (30) days prior to the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 herein; (13) The abandonment of the Demised Premises, or any portion thereof, by Lessee; (14) The suspension or loss of the right to receive Medicaid or Medicare reimbursements based upon any actual or alleged fraud or other misfeasance or malfeasance; (15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises; (16) The failure of the Guarantors to perform, or the violation by the any Guarantor of any of the covenants of the Lease Guaranty or the untruth of any representations or warranties thereunder; or (17) The occurrence of a default or an event of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other Leases.
Appears in 2 contracts
Samples: Master Lease (Assisted 4 Living, Inc.), Master Lease (Assisted 4 Living, Inc.)
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than sixty-four (64) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasancetaking thereof;
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunderGuaranty; or
(1716) The occurrence An "Event of a default or an event Default" occurs under either of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other Leases.
19.2 Except for default by Lessee in the payment of Rent or any additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any governmental agency having jurisdiction over the Facility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than one hundred twenty three (123) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasance;taking thereof; or
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants set forth in the Lease Guaranty.
19.2 Except for default by Lessee in the payment of Rent or any additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease Guaranty and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any governmental agency having jurisdiction over the untruth of any representations or warranties thereunder; or
(17) The occurrence of a default or an event of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other LeasesFacility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than one hundred twenty (120) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasance;taking thereof; or
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants set forth in the Lease Guaranty.
19.2 Except for default by Lessee in the payment of Rent or any additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease Guaranty and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any governmental agency having jurisdiction over the untruth of any representations or warranties thereunder; or
(17) The occurrence of a default or an event of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other LeasesFacility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Sub- Sublease, when such failure shall continue for a period of ten (310) days after the date when duedays;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed Sub-Sublease (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee, subject, however, to the provisions of Section 19.2 hereof;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of either of the Underlying Leases or any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the mortgage) after notice thereof by Lessor to Lessee, subject, however, to the expiration provisions of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseSection 19.2 hereof;
(5) The voluntary transfer by Lessee of ten percent (10%) 10 or more patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Sub-Sublease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than fifty nine (59) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare Medi-Cal reimbursement program, which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or Medicaid reimbursement programs, within thirty (30) days prior to revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasancetaking thereof;
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunderGuaranty; or
(1716) The occurrence An "Event of a Default" occurs under the Marysville Lease.
19.2 Except for default or an event by Lessee in the payment of default under any other lease between Lessee Rent or any affiliate additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Sub-Sublease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee and Lessor have more than sixty (60) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any affiliate of Lessor, including, without limitation, governmental agency having jurisdiction over the Other LeasesFacility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duedays;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee, subject, however, to the provisions of Section 19.2 hereof;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the mortgage) after notice thereof by Lessor to Lessee, subject, however, to the expiration provisions of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseSection 19.2 hereof;
(5) The voluntary transfer by Lessee of ten percent (10%) 10 or more patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than one hundred fifty (150) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasance;taking thereof; and
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunder; ormade therein.
(17) The occurrence 19.2 Except for default by Lessee in the payment of a default or an event of default under any other lease between Lessee Rent or any affiliate additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee and Lessor have more than sixty (60) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any affiliate of Lessor, including, without limitation, governmental agency having jurisdiction over the Other LeasesFacility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than forty (40) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasancetaking thereof;
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunderGuaranty; or
(1716) The occurrence An "Event of a default or an event Default" occurs under either of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other Leases.
19.2 Except for default by Lessee in the payment of Rent or any additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any governmental agency having jurisdiction over the Facility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than seventy (70) licensed beds and ten (10) assisted living units, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasancetaking thereof;
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunderGuaranty; or
(17) The occurrence 19.2 Except for default by Lessee in the payment of a default or an event of default under any other lease between Lessee Rent or any affiliate additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee and Lessor have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any affiliate of Lessor, including, without limitation, governmental agency having jurisdiction over the Other LeasesFacility.
Appears in 1 contract
ACTS OF DEFAULT. 19.1 The following acts or events shall be deemed to be an Event of Default (herein an "Event of Default") on the part of the Lessee:
(1) The failure of Lessee to pay when due any payment of Rent, or any part thereof, or any other sum or sums of money due or payable to the Lessor under the provisions of this Lease within three Lease, when such failure shall continue for a period of ten (310) days after the date when duefollowing written notice to Lessee;
(2) The failure of Lessee to perform, or the violation by Lessee of, any of the other covenants, terms, conditions or provisions of this Lease not otherwise specifically addressed (other than as set forth in Subsection 19.1(1Sections 19.1(3) of this Lease or elsewhere in this Lease, including without limitation, Article 18 herein and Section 33.2 herein19.1(4), if such failure or violation shall not be cured within fifteen thirty (1530) days after notice thereof by Lessor to Lessee;
(3) The removal by any local, state or federal agency having jurisdiction over the operation of any Facility the nursing home located on the Demised Premises of ten fifty percent (1050%) or more of the patients located in any such Facilitythe nursing home;
(4) The failure of Lessee to comply withcomply, or the violation by Lessee of, any of the terms, conditions or provisions of any Mortgage/Underlying Lease, after notice thereof by Lessor Mortgage relating to the Demised Premises of which Lessee has been made aware and with which Lessee has agreed to comply if such failure or violation shall not be cured within ten twenty (1020) days prior (or such lesser period as may be provided in the Mortgage) after notice thereof by Lessor to the expiration of any or all applicable cure periods set forth in any such Mortgage/Underlying LeaseLessee;
(5) The voluntary transfer by Lessee of ten percent (10%) or more of the patients located in any Facility and the Demised Premises if such transfer is not for reasons relating to the health and well being of the patients that were transferredtransferred or such other reasons as may be permitted by state or federal law, such as nonpayment of stay or the welfare of other residents of the Facility;
(6) The failure of Lessee to replace, within thirty (30) days after notice by Lessor to Lessee, a substantial portion of the Personal Property previously removed by Lessee;
(7) The making by Lessee or any Guarantor of an assignment for the benefit of creditors;
(7) 8) The levying of a writ of execution or attachment on or against the property of Lessee or any Guarantor which is not discharged or stayed by action of Lessee or such Guarantor contesting same, within thirty ninety (3090) days after such levy or attachment (provided if the stay is vacated or ended, this paragraph shall again apply);
(8) 9) If proceedings are instituted in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of the Lessee or any Guarantor for its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee or any GuarantorLessee, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein is not discharged within thirty ninety (3090) days after the institution of said proceedings;
(910) The sale of any the interest of Lessee in the Demised Premises or any portion thereof under a writ of execution or other legal process;
(1011) The failure of Lessee to give notice to Lessor not later less than ten (10) days after receipt by Lessee of any notice, claim or demand from any governmental authority, or any officer acting on behalf thereof, of any violation of any law, order, ordinance, rule or regulation with respect to the operation of the nursing home located on the Demised Premises;
(11) The failure of Lessee to give notices pursuant to Section 13.4 of this Lease;
(12) The failure on the part of Lessee during the Term of this Lease to cure or axxxx or receive a waiver for xxxxx any violation claimed by any governmental authority, or any officer acting on behalf thereof, of any law, order, ordinance, rule or regulation pertaining to the operation of the nursing home located on Demised Premises, and within ten (10) days prior to the expiration of any Facility, including without limitation, time permitted by such authority for such cure or abatement;
(13) institution of any proceedings against Lessee by any governmental authority either (i) to revoke any license granted to Lessee for the operation of a Medicaid and Medicare certified skilled and and/or intermediate care nursing home facilitywithin the Demised Premises, at any Facility Property having no less than one hundred twenty-seven (127) licensed beds, or to (ii) decertify any Facility Property the nursing home operated in the Demised Premises from participation in the Medicare or Medicaid reimbursement programsprogram, within thirty (30) days prior to which is not either appealed by Lessee and stayed while Lessee's appeal thereof is pending, or revoked or rescinded by the expiration of any time period permitted by such authority for such cure or abatement, subject to Lessee’s right to contest the same in accordance with Article 20 hereinapplicable governmental authority;
(1314) The abandonment of the Demised Premises, or any portion thereof, Premises by Lessee;
(14) The suspension or loss , other than as a result of the right to receive Medicaid damage or Medicare reimbursements based upon any actual destruction or alleged fraud or other misfeasance or malfeasancetaking thereof;
(15) The failure to immediately pay when due any Medicaid or Medicare recoupments or any other impositions, including, but not limited to bed taxes, in connection with the provider agreements, certifications or licenses for the Demised Premises;
(16) The failure of the Guarantors Guarantor to perform, or the violation by the any Guarantor of of, any of the covenants of set forth in the Lease Guaranty or the untruth of any representations or warranties thereunderGuaranty; or
(1716) The occurrence An "Event of a default or an event Default" occurs under either of default under any other lease between Lessee or any affiliate of Lessee and Lessor or any affiliate of Lessor, including, without limitation, the Other Leases.
19.2 Except for default by Lessee in the payment of Rent or any additional payment required hereunder, in any case where Lessor shall have given to Lessee a written notice specifying a situation which, as hereinbefore provided, must be remedied by Lessee within a certain time period, and, if for causes beyond Lessee's control, it would not reasonably be possible for Lessee to remedy such situation within such period, then, provided Lessee immediately upon receipt of such notice shall advise Lessor in writing of Lessee's intention to institute, and shall, as soon as reasonably possible thereafter, duly institute, and thereafter diligently prosecute to completion, all steps necessary to remedy such situation and shall remedy the same, and provided that any license or certification necessary for the operation of the Demised Premises, as a nursing facility is not affected thereby, this Lease and the Term and estate hereby granted shall not expire and terminate at the expiration of such time period as otherwise hereinbefore provided, except that in no event shall Lessee have more than ninety (90) additional days to remedy any such situation in the manner set forth herein, or such longer period of time granted by any governmental agency having jurisdiction over the Facility.
Appears in 1 contract