Common use of Audit and Investigation Rights Clause in Contracts

Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant and its Subsidiaries and Affiliates and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or by a third party on behalf of Tenant regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s Board of Directors or officers of Tenant having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant or any of its Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause its independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or on Tenant’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).

Appears in 3 contracts

Samples: Master Lease Agreement (Kindred Healthcare, Inc), Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare, Inc)

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Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant and its Subsidiaries and Affiliates and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or by a third party on behalf of Tenant regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s Board of Directors or officers of Tenant having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant or any of its Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause its independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or on Tenant’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).business

Appears in 3 contracts

Samples: Master Lease Agreement (Ventas Inc), Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare, Inc)

Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant Tenant, any Seniormost Parent and its Tenant’s Subsidiaries (and, to the extent relevant for verifying any report(s) delivered to Lessor under this Lease or for otherwise ascertaining compliance with this Lease or to the extent relevant to the operations of any Leased Property(ies), Tenant’s and the Seniormost Parent’s Affiliates and the Seniormost Parent’s Subsidiaries) and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant or the Seniormost Parent to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or the Seniormost Parent or by a third party on behalf of Tenant or the Seniormost Parent regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s or the Seniormost Parent’s Board of Directors or officers of Tenant or the Seniormost Parent having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant Tenant, any Seniormost Parent or any of its their respective Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s or the Seniormost Parent’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause the Seniormost Parent and its and the Seniormost Parent’s independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s or the Seniormost Parent’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its the Seniormost Parent and their aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or the Seniormost Parent or on Tenant’s or the Seniormost Parent’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant or the Seniormost Parent, as applicable, within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s and the Seniormost Parent’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).. 143

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare, Inc)

Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant Tenant, any Seniormost Parent and its Tenant’s Subsidiaries (and, to the extent relevant for verifying any report(s) delivered to Lessor under this Lease or for otherwise ascertaining compliance with this Lease or to the extent relevant to the operations of any Leased Property(ies), Tenant’s and the Seniormost Parent’s Affiliates and the Seniormost Parent’s Subsidiaries) and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant or the Seniormost Parent to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or the Seniormost Parent or by a third party on behalf of Tenant or the Seniormost Parent regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s or the Seniormost Parent’s Board of Directors or officers of Tenant or the Seniormost Parent having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant Tenant, any Seniormost Parent or any of its their respective Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s or the Seniormost Parent’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause the Seniormost Parent and its and the Seniormost Parent’s independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s or the Seniormost Parent’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its the Seniormost Parent and their aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or the Seniormost Parent or on Tenant’s or the Seniormost Parent’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant or the Seniormost Parent, as applicable, within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s and the Seniormost Parent’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare, Inc)

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Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant and its Subsidiaries and Affiliates and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or by a third party on behalf of Tenant regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s Board of Directors or officers of Tenant having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant or any of its Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause its independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or on Tenant’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).. 108

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

Audit and Investigation Rights. Without limitation of Tenant’s other obligations as set forth in this ARTICLE XXVI, Lessor shall have the right, at its expense and upon delivery of ten (10) Business Days written notice to Tenant from time to time, to audit, and/or prepare or perform such other operational, accounting or financial reviews, abstracts, reports and other investigations (including, without limitation, investigations of Tenant’s compliance with Section 7.2.4 hereof) as Lessor chooses of or relating to, the books, records and accounts of Tenant Tenant, any Seniormost Parent and its Tenant’s Subsidiaries (and, to the extent relevant for verifying any report(s) delivered to Lessor under this Lease or for otherwise ascertaining compliance with this Lease or to the extent relevant to the operations of any Leased Property(ies), Tenant’s and the Seniormost Parent’s Affiliates and the Seniormost Parent’s Subsidiaries) and/or relative to any Facility(ies) designated by Lessor from time to time (including, without limitation, appraisals), provided, however, without limitation of Lessor’s rights pursuant to ARTICLE XXVI (other than this Section 26.8) or other provisions of this Lease and solely for purposes of this Section 26.8, Lessor’s right to audit or review materials pursuant to this Section 26.8 shall not require Tenant or the Seniormost Parent to provide to Lessor (a) that portion of any confidential materials prepared internally by Tenant or the Seniormost Parent or by a third party on behalf of Tenant or the Seniormost Parent regarding whether to exercise renewal rights under this Lease or analyzing the Fair Market Value or Fair Market Rental of the Leased Properties, including analyses of appraisals or documents similar thereto (but Tenant agrees that, notwithstanding the foregoing or anything to the contrary in this Section 26.8, Lessor shall have the right pursuant to this Section 26.8 to obtain copies of, and to review and investigate, any appraisals or documents similar thereto prepared by appraisers or other third parties), (b) employment and/or employee records, (c) that portion of any litigation files that constitutes privileged material that is protected by the attorney-client privilege, and (d) confidential and proprietary analysis of the above referenced books, records and accounts prepared (i) for a bona fide business purpose, (ii) in the ordinary course of business, (iii) not for the purpose of evading Lessor’s rights under this Section 26.8, and (iv) solely for use by Tenant’s or the Seniormost Parent’s Board of Directors or officers of Tenant or the Seniormost Parent having a title of Senior Vice President or higher (except, in the case of each of the foregoing subsections (b) through (d), if Lessor would otherwise have a right to obtain such materials pursuant to the provisions of this Lease (other than this Section 26.8)). Lessor shall not require or perform any act that would cause Tenant Tenant, any Seniormost Parent or any of its their respective Subsidiaries or Affiliates to violate any laws, regulations or ordinances relating to employment records or intended to protect the privacy rights of Tenant’s or the Seniormost Parent’s employees or healthcare patients, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended. Any such investigation instituted by Lessor shall commence promptly ten (10) Business Days after Tenant’s receipt of Lessor’s aforesaid written notice (unless Lessor otherwise agrees in writing). The foregoing activities shall be conducted by Lessor through agents, employees, representatives or designees of its choosing, and Tenant shall reasonably cooperate (and shall cause the Seniormost Parent and its and the Seniormost Parent’s independent accountants and other financial advisors to reasonably cooperate) with all of such activities. Such activities shall be conducted in a manner that does not materially interfere with Tenant’s or the Seniormost Parent’s business operations or the business operations relative to any affected Facility(ies). Lessor shall be obligated to reimburse Tenant and its the Seniormost Parent and their aforesaid independent accountants and other financial advisors for any out-of-pocket expenses incurred by Tenant or the Seniormost Parent or on Tenant’s or the Seniormost Parent’s behalf in connection with providing any such cooperation. Tenant may provide Lessor with a monthly statement of the expenses to be reimbursed by Lessor pursuant to this Section 26.8, and Lessor shall reimburse such expenses to Tenant or the Seniormost Parent, as applicable, within ten (10) Business Days after receipt of such written demand accompanied by reasonable supporting documentation. Unless otherwise agreed in writing by Lessor and Tenant, Lessor’s aforesaid activities shall occur during normal business hours. Lessor’s aforesaid activities may include, without limitation, performing audits of, or other operational, accounting or financial reviews or reports relating to, the EBITDAR and/or EBITDARM of a particular Facility(ies) for a particular past or future period(s) and the terms and conditions of contracts with Tenant’s Affiliates and Subsidiaries and/or other Persons for the provision of particular goods and services to a particular Facility(ies).business

Appears in 1 contract

Samples: Guaranty of Lease (Kindred Healthcare, Inc)

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