Common use of Commencement of Restoration Clause in Contracts

Commencement of Restoration. Within 120 days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest to occur of (1) Landlord’s delivery of notice to Tenant directing Tenant to restore a Facility damaged or destroyed by a Property Loss, (2) in the case of a Property Loss that results in Landlord having the option to terminate this Lease as to the affected Facility pursuant to Section 11.2 or Section 11.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such Facility, or (3) in the case of damage to a Facility by Property Loss that does not result in such Facility being Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use and that does not result in a termination of this Lease with respect to the affected Facility as provided in Section 11.3, the date of the Property Loss, Tenant shall furnish to Landlord complete plans and specifications (the “Restoration Plans and Specifications”) describing the work Tenant intends to undertake to restore the applicable Facility (the “Work”) for Landlord’s approval, which approval shall not be unreasonably withheld. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state where the applicable Facility is located and shall be accompanied by a written estimate from Tenant’s architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe Work of such nature, quality and extent that, upon the completion thereof, the Facility shall be at least equal in value and general utility to its value and general utility prior to the Property Loss and shall be adequate to operate the applicable Facility for its Primary Intended Use. Tenant shall satisfy all of the terms and conditions relative to Alterations as to the Work and the Restoration Plans and Specifications.

Appears in 2 contracts

Samples: Master Lease and Security Agreement (Brookdale Senior Living Inc.), Master Lease and Security Agreement (Brookdale Senior Living Inc.)

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Commencement of Restoration. Within 120 sixty (60) days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest to occur of (1i) LandlordTenant’s delivery receipt of notice to Tenant from Landlord directing Tenant to restore a Facility Leased Property damaged or destroyed by a Property LossCasualty, (2ii) in the case of a Property Loss Casualty that results in Landlord having the option to terminate this Lease as to the affected Facility Leased Property pursuant to Section 11.2 15.2 or Section 11.315.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such FacilityLeased Property, or (3iii) in the case of damage to a Facility Leased Property by Property Loss Casualty that does not result in such Facility being Substantially Destroyed the substantial destruction or rendered the rendering Unsuitable For Its Primary Intended Use of the applicable Facility(ies), and that does not result in a termination occur during the final two Lease Years of this Lease with respect to the affected Facility as provided in Section 11.3Term, the date of the Property Losssuch Casualty, Tenant shall furnish to Landlord complete plans and specifications (the “Restoration Plans and Specifications”) describing the work Tenant intends to undertake to restore the applicable Facility Leased Property (the “Work”) for Landlord’s approval, which approval shall not be unreasonably withheld. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state State where the applicable Facility Leased Property is located and shall be accompanied by a written estimate from Tenant’s the architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe contemplate Work of such nature, quality and extent that, upon the completion thereof, the Facility Leased Property shall be at least equal in value and general utility to its value and general utility prior to the Property Loss Casualty and shall be adequate to operate the applicable Facility Facility(ies) for its Primary Intended Use. Tenant shall satisfy all of the terms and conditions set forth in Sections 11.2.1 through 11.2.4 hereof relative to Alterations as to the Work and the Restoration Plans and Specifications.

Appears in 2 contracts

Samples: Master Lease Agreement (Emeritus Corp\wa\), Master Lease Agreement (Emeritus Corp\wa\)

Commencement of Restoration. Within 120 forty-five (45) days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest soonest to occur of (1i) Landlord’s delivery Tenant's receipt of notice to Tenant from Landlord directing Tenant to restore a Facility Leased Property damaged or destroyed by a Property LossCasualty, (2ii) in the case of a Property Loss Casualty that results in Landlord having the option to terminate this Lease as to the affected Facility Leased Property pursuant to Section 11.2 15.2 or Section 11.315.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such FacilityLeased Property, or (3iii) in the case of damage to a Facility Leased Property by Property Loss Casualty that does not result in such Facility being Substantially Destroyed the substantial destruction or rendered the rendering Unsuitable For Its Primary Intended Use of the applicable Facility(ies), and that does not result in a termination occur during the final two Lease Years of this Lease with respect to the affected Facility as provided in Section 11.3Term, the date of the Property Losssuch Casualty, Tenant shall furnish to Landlord complete plans and specifications (the "Restoration Plans and Specifications") describing the work Tenant intends to undertake to restore the applicable Facility Leased Property (the "Work") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state State where the applicable Facility Leased Property is located and shall be accompanied by a written estimate from Tenant’s the architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe contemplate Work of such nature, quality and extent that, upon the completion thereof, the Facility Leased Property shall be at least equal in value and general utility to its value and general utility prior to the Property Loss Casualty and shall be adequate to operate the applicable Facility Facility(ies) for its Primary Intended Use. Prior to commencing any Work, Tenant shall satisfy all of the terms and conditions set forth in Sections 11.2.1 through 11.2.4 hereof relative to Alterations as to the Work and the Restoration Plans and Specifications.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

Commencement of Restoration. Within 120 forty-five (45) days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest to occur of (1i) LandlordTenant’s delivery receipt of notice to Tenant from Landlord directing Tenant to restore a Facility Leased Property damaged or destroyed by a Property LossCasualty, (2ii) in the case of a Property Loss Casualty that results in Landlord having the option to terminate this Lease as to the affected Facility Leased Property pursuant to Section 11.2 15.2 or Section 11.315.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such FacilityLeased Property, or (3iii) in the case of damage to a Facility Leased Property by Property Loss Casualty that does not result in such Facility being Substantially Destroyed the substantial destruction or rendered the rendering Unsuitable For Its Primary Intended Use of the applicable Facility(ies), and that does not result in a termination occur during the final Lease Year of this Lease with respect to the affected Facility as provided in Section 11.3Term, the date of the Property Losssuch Casualty, Tenant shall furnish to Landlord complete plans and specifications (the “Restoration Plans and Specifications”) describing the work Tenant intends to undertake to restore the applicable Facility Leased Property (the “Work”) for Landlord’s approval, which approval shall not be unreasonably withheld. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state State where the applicable Facility Leased Property is located and shall be accompanied by a written estimate from Tenant’s the architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe contemplate Work of such nature, quality and extent that, upon the completion thereof, the Facility Leased Property shall be at least equal in value and general utility to its value and general utility prior to the Property Loss Casualty and shall be adequate to operate the applicable Facility Facility(ies) for its Primary Intended Use. Tenant shall satisfy all of the terms and conditions set forth in Sections 11.2.1 through 11.2.4 hereof relative to Alterations as to the Work and the Restoration Plans and Specifications.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

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Commencement of Restoration. Within 120 60 days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest to occur of (1i) LandlordTenant’s delivery receipt of notice to Tenant from Landlord directing Tenant to restore a Facility Leased Property damaged or destroyed by a Property LossCasualty, (2ii) in the case of a Property Loss Casualty that results in Landlord having the option to terminate this Lease as to the affected Facility Leased Property pursuant to Section 11.2 15.2 or Section 11.315.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such FacilityLeased Property, or (3iii) in the case of damage to a Facility Leased Property by Property Loss Casualty that does not result in such Facility being Substantially Destroyed the substantial destruction or rendered the rendering Unsuitable For Its Primary Intended Use of the applicable Facility(ies), and that does not result in a termination occur during the final two Lease Years of this Lease with respect to the affected Facility as provided in Section 11.3Term, the date of the Property Losssuch Casualty, Tenant shall furnish to Landlord complete plans and specifications (the "Restoration Plans and Specifications”) describing the work Tenant intends to undertake to restore the applicable Facility Leased Property (the “Work”) for Landlord’s approval, which approval shall not be unreasonably withheldwithheld or delayed; provided, however, in the case of a Casualty resulting from a natural disaster affecting the area in which the affected Facility is located (such as, but not limited to, a hurricane), said 60 day period shall be extended so long as Tenant is diligently trying to have such Restoration Plans and Specifications prepared and delivered to Landlord. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state State where the applicable Facility Leased Property is located and shall be accompanied by a written estimate from Tenant’s the architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe contemplate Work of such nature, quality and extent that, upon the completion thereof, the Facility Leased Property shall be at least equal in value and general utility to its value and general utility prior to the Property Loss Casualty and shall be adequate to operate the applicable Facility Facility(ies) for its Primary Intended Use. Tenant shall satisfy all of the terms and conditions set forth in Sections 11.2.1 through 11.2.4 hereof relative to Alterations as to the Work and the Restoration Plans and SpecificationsSpecifications (said Restoration Plans and specifications taking the place of the Plans and Specifications referred to in Section 11.2).

Appears in 1 contract

Samples: Master Lease Agreement (Assisted Living Concepts Inc)

Commencement of Restoration. Within 120 forty-five (45) days (or 240 days if a Facility is Substantially Destroyed or rendered Unsuitable For Its Primary Intended Use) after the earliest to occur of (1i) Landlord’s delivery Tenant's receipt of notice to Tenant from Landlord directing Tenant to restore a Facility Leased Property damaged or destroyed by a Property LossCasualty, (2ii) in the case of a Property Loss Casualty that results in Landlord having the option to terminate this Lease as to the affected Facility Leased Property pursuant to Section 11.2 15.2 or Section 11.315.3, the expiration of the period in which Landlord may exercise such option to terminate if Landlord fails to affirmatively elect to terminate this Lease with respect to such FacilityLeased Property, or (3iii) in the case of damage to a Facility Leased Property by Property Loss Casualty that does not result in such Facility being Substantially Destroyed the substantial destruction or rendered the rendering Unsuitable For Its Primary Intended Use of the applicable Facility(ies), and that does not result in a termination occur during the final Lease Year of this Lease with respect to the affected Facility as provided in Section 11.3Term, the date of the Property Losssuch Casualty, Tenant shall furnish to Landlord complete plans and specifications (the "Restoration Plans and Specifications") describing the work Tenant intends to undertake to restore the applicable Facility Leased Property (the "Work") for Landlord’s 's approval, which approval shall not be unreasonably withheld. The Restoration Plans and Specifications shall be prepared in accordance with good and customary construction and design practices and bear the signed approval thereof by an architect licensed to do business in the state State where the applicable Facility Leased Property is located and shall be accompanied by a written estimate from Tenant’s the architect containing the projected cost of completing the Work. The Restoration Plans and Specifications shall describe contemplate Work of such nature, quality and extent that, upon the completion thereof, the Facility Leased Property shall be at least equal in value and general utility to its value and general utility prior to the Property Loss Casualty and shall be adequate to operate the applicable Facility Facility(ies) for its Primary Intended Use. Tenant shall satisfy all of the terms and conditions set forth in Sections 11.2.1 through 11.2.4 hereof relative to Alterations as to the Work and the Restoration Plans and Specifications.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

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