Common use of Awards Paid to Facility Mortgagee Clause in Contracts

Awards Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, if any Facility Mortgagee is entitled to any Award or any portion thereof, under the terms of any Facility Mortgage such Award shall be applied, held and/or disbursed in accordance with the terms of the Facility Mortgage. If the Facility Mortgagee elects to apply the Award to the indebtedness secured by the Facility Mortgage: (i) if the Award represents an Award for Partial Taking as described in Section 15.3 above, Tenant shall restore the affected Facility (as nearly as possible under the circumstances) to a complete architectural unit of the same general character and condition as that of the Facility existing immediately prior to such Taking; or (ii) if the Award represents an Award for a Total Taking as described in Section 15.1 above, Tenant shall transfer to Landlord all of Tenant’s interest in the Facility, including, without limitation, Tenant’s interest in the licenses pursuant to which the Facility is then operated. In any such restoration or purchase, Tenant shall receive full credit for any portion of any Award retained by Landlord and the Facility Mortgagee, and as of the Proceeds Date, the annual Minimum Rent (and any 7.0% Upgrade Rent or 9.0% Improvements Rent applicable to the affected Facility) shall be reduced by an amount equal to the Casualty/Condemnation Reduction Amount and the amount of the Security Deposit will be reset at an amount equal to three months of the annual Base Rent (exclusive of the Avon Rent) after giving effect to the reduction.

Awards Paid to Facility Mortgagee. Notwithstanding anything herein to the contrary, if any Facility Mortgagee is entitled to any Award or any portion thereof, thereof under the terms of any Facility Mortgage Mortgage, such Award shall be applied, held and/or disbursed in accordance with the terms of the Facility Mortgage. If the Facility Mortgagee elects to apply the Award Net Proceeds to the indebtedness secured by the Facility Mortgage: (i) if Mortgage and the Award represents an Award for Partial Taking as described in Section 15.3 above, Tenant shall Lessee may elect to (a) restore the affected Facility (as nearly as possible under the circumstances) circumstances to a complete architectural unit of the same general character and condition as that of the Facility existing immediately prior to such Taking; Partial Taking or (iib) if no Event of Default or Unmatured Event of Default has occurred and is continuing, terminate this Lease as to such Facility by delivery of written notice to Lessor within thirty (30) days of the date the Facility Mortgagee elects to apply the Award represents an Award for a Total Taking as described in Section 15.1 above, Tenant shall transfer to Landlord all of Tenant’s interest in the Facility, including, without limitation, Tenant’s interest in the licenses pursuant to which indebtedness secured by the Facility is then operatedMortgage. In any such circumstance where Lessee elects to terminate the Lease as to the affected Facility pursuant to this Section, Lessor may, at its option, within thirty (30) days of Lessee’s election to so terminate make available to Lessee pursuant to the same terms as set forth in this ARTICLE XV funds equal to the lesser of (x) the amount of funds Lessor would be obligated to make available to Lessee for such restoration or purchase, Tenant shall receive full credit for any portion pursuant to this ARTICLE XV if the Facility Mortgagee had not so applied such funds and (y) the amount of any the Award retained so applied by Landlord and the Facility Mortgagee, and . If Lessor does make such funds available to Lessee as of the Proceeds Dateprovided for in this Section, the annual Minimum Rent (and any 7.0% Upgrade Rent or 9.0% Improvements Rent applicable Lease shall not terminate with respect to the affected Facility. If the Lessor does not elect to make such funds available to Lessee within such thirty (30) day period, the Lease shall terminate with respect to the affected Facility on the thirtieth (30th) day following the last day of such thirty (30) day period. If this Lease is so terminated as to a Facility pursuant to this Section, (a) Lessee may purchase the Facility at its Fair Market Value as of the termination date (i.e., after the Partial Taking) within sixty (60) days of the termination date (with delivery of documents consist with the documents which would be delivered in connection with the option set forth in Section 30.1) and (b) the annual Base Rent shall be reduced as of the termination date for such Facility by an amount equal to (i) the Casualty/Condemnation Reduction Amount sum of (x) the purchase price paid by Lessee to Lessor for the Facility and the (y) amount of the Security Deposit will be reset at an amount equal Award applied to three months of the indebtedness secured by the Facility Mortgage, multiplied by (ii) the Capitalization Rate (for example, if (i) the Lease is terminated pursuant to this Section as to a Facility, (ii) the Award applied by the Facility Mortgagee equals Two Million Dollars ($2,000,000), and (iii) the purchase price paid to Lessor by Lessee equals One Hundred Thousand Dollars ($100,000), then the annual Base Rent would be reduced by Two Hundred Fifteen Thousand Two Hundred Fifty Dollars (exclusive of the Avon Rent($2,000,000 + $100,000) after giving effect to the reductionx 10.25% = $215,250).)

Awards Paid to Facility Mortgagee. Notwithstanding anything herein to --------------------------------- the contrary, if any Facility Mortgagee is entitled to any Award or any portion thereof, thereof under the terms of any Facility Mortgage Mortgage, such Award shall be applied, held and/or disbursed in accordance with the terms of the Facility Mortgage. If the Facility Mortgagee elects to apply the Award to the indebtedness secured by the Facility Mortgage: (i) if Mortgage and the Award represents an Award for Partial Taking as described in Section 15.3 above, Tenant shall Lessee may elect to (a) restore the affected Facility (as nearly as possible under the circumstances) circumstances to a complete architectural unit of the same general character and condition as that of the Facility existing immediately prior to such Taking; Taking or (iib) if terminate this Lease as to such Facility by delivery of written notice to Lessor within thirty (30) days of the date the Facility Mortgagee elects to apply the Award represents an Award for a Total Taking as described in Section 15.1 above, Tenant shall transfer to Landlord all of Tenant’s interest in the Facility, including, without limitation, Tenant’s interest in the licenses pursuant to which indebtedness secured by the Facility is then operatedMortgage. In any such circumstance where Lessee elects to terminate the Lease as to the affected Facility pursuant to this Section 15.5, Lessor may, at its option, within thirty (30) days of Lessee's election to so terminate make available to Lessee pursuant to the same terms as set forth in Section 15.3 of this Lease funds equal to the lesser of (x) the amount of funds Lessor would be obligated to make available to Lessee for such restoration or purchase, Tenant shall receive full credit for any portion pursuant to Section 15.3 of any Award retained this Lease if the Facility Mortgagee had not so applied such funds and (y) the amount of such funds so applied by Landlord and the Facility Mortgagee, and as of . If the Proceeds DateLessor does not elect to make such funds available to Lessee within such thirty (30) day period, the annual Minimum Rent Lease shall terminate on the thirtieth (and any 7.0% Upgrade Rent or 9.0% Improvements Rent applicable 30th) day following the last day of such thirty (30) day period. If Lessor does make such funds available to Lessee as provided for in this Section 15.5, the affected Facility) Lease shall be reduced by an amount equal to the Casualty/Condemnation Reduction Amount and the amount of the Security Deposit will be reset at an amount equal to three months of the annual Base Rent (exclusive of the Avon Rent) after giving effect to the reduction.not terminate. ARTICLE XVI 16.1

Awards Paid to Facility Mortgagee. Notwithstanding anything herein to If during the contraryTerm, if any Facility Mortgagee the Leased Property is entitled to any Award totally or any portion thereof, under the terms of any Facility Mortgage such Award shall be applied, held and/or disbursed in accordance with the terms of partially taken by condemnation and the Facility Mortgage. If is thereby rendered Unsuitable For Its Primary Intended Use as a result of such taking and the Facility Mortgagee elects to apply retain the proceeds of the Award in satisfaction of the Facility Mortgage rather than disbursing such proceeds for the cost of restoring the Facility's suitability for its Primary Intended Use and Landlord has not elected to make funds equal to such proceeds available for the indebtedness secured cost of restoring the Facility's suitability for its Primary Intended Use, Tenant may terminate this Lease by giving Landlord written notice of such termination within thirty (30) days after the date Landlord elects not to make funds equal to such proceeds available for the cost of restoring the Facility's suitability for its Primary Intended Use and the date of such termination shall be the date of such election by Landlord. If during the Term, the Leased Property is partially taken by condemnation and the Leased Property is not thereby rendered Unsuitable For Its Primary Intended Use and Facility Mortgagee elects to retain the proceeds of the Award in satisfaction of the Facility Mortgage: (i) if , Rent hereunder shall be equitably adjusted to account for the Award represents an Award for Partial Taking as described in Section 15.3 above, Tenant shall restore effect of such taking on the affected Facility (as nearly as possible under the circumstances) to a complete architectural unit suitability of the same general character and condition as that of the Facility existing immediately prior to such Taking; or (ii) if the Award represents an Award Leased Premises for a Total Taking as described in Section 15.1 above, Tenant shall transfer to Landlord all of Tenant’s interest in the Facility, including, without limitation, Tenant’s interest in the licenses pursuant to which the Facility is then operated. In any such restoration or purchase, Tenant shall receive full credit for any portion of any Award retained by Landlord and the Facility Mortgagee, and as of the Proceeds Date, the annual Minimum Rent (and any 7.0% Upgrade Rent or 9.0% Improvements Rent applicable to the affected Facility) shall be reduced by an amount equal to the Casualty/Condemnation Reduction Amount and the amount of the Security Deposit will be reset at an amount equal to three months of the annual Base Rent (exclusive of the Avon Rent) after giving effect to the reductionits Primary Intended Use.