Common use of Conduct of Business by Tenant Clause in Contracts

Conduct of Business by Tenant. Tenant shall have the right to use and occupy the Premises during the Lease term for any purposes Tenant deems appropriate, provided that Tenant shall comply with all laws, rules and regulations of governmental authorities relating to Tenant’s use and occupancy of the Premises or any part thereof including, without limitation, all laws, rules and regulations relating to the environmental condition of the Premises or the use and presence of any Hazardous Materials (defined herein) on the Premises, and all orders, rules and regulations of the board of fire underwriters or any other body hereafter exercising similar functions relating to Tenant’s use and occupancy of the Premises. Tenant likewise shall comply with the requirements of all governmental permits and certificates and all policies of public liability, fire and other insurance at any time in force with respect to the Premises. Tenant shall promptly deliver to Landlord copies of any notice or other correspondence received, by it from any governmental body, concerning the environmental condition or compliance with any other law on or affecting the Premises. Regardless of whether Tenant is in occupancy of the Premises, during the term of this Lease, Tenant (and not Landlord) shall be responsible for providing any security measures as Tenant may deem necessary for the protection of person and property upon the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to continuously occupy the Premises or operate a business on the Premises. In the event Tenant shall cease the regular conduct of its business at the Premises, Tenant shall nonetheless comply with all of Tenant’s obligations under this Lease, including but not limited to the obligations of Tenant hereunder relative to maintenance and repair of the Premises.

Conduct of Business by Tenant. Tenant covenants and agrees during the Term that: (a) Tenant shall have the right to continuously use and occupy the Premises during the Lease term for any purposes as a nursing home with 274 beds, or such other number of beds as Tenant deems may determine appropriate, provided that Tenant shall comply with all lawssubject to the prior written consent of Landlord, rules and regulations not to be unreasonably withheld or delayed, and, at Tenant's election, for the provision of governmental authorities relating such other health care services as may be permitted under Applicable Law which are ancillary to Tenant’s use and occupancy 's operation of the Premises or any part thereof as a nursing home, including, without limitation, all lawsthe provision of subacute care services, rules home health care services, and regulations relating outpatient therapy services, and Tenant may locate on the Premises such physician and other health care professional and administrative offices as may be ancillary to the environmental condition Tenant's operation of the Premises or as a nursing home (collectively, the "Permitted Use"); and Tenant shall not use the Premises for any other purposes without the prior written consent of Landlord, which consent may be withheld at the sole and presence absolute discretion of Landlord. Notwithstanding the foregoing, any portion of the Premises not used by Tenant as of the Lease Commencement Date in connection with the operation of the Facility may be used for any purpose not inconsistent with Tenant's use of the Premises to operate the Facility as a nursing home, subject to Applicable Law. (b) Tenant shall maintain good standing and all material licenses, certifications and approvals from federal, state and local governmental and administrative agencies having jurisdiction and authority over Tenant and the operation of the Facility as a nursing home, including without limitation, all nursing home licenses required from the State and all licenses required for any material ancillary uses for which the Premises are used. Upon request, Tenant shall provide Landlord with copies of the aforesaid licenses, certifications and approvals. Tenant also shall promptly provide Landlord with notice of any Hazardous Materials (defined herein) on the Premises, and all orders, rules and regulations delicensure or decertification proceedings affecting Tenant's operation of the board of fire underwriters Facility. (c) To the extent the Premises are subject to a Fee Mortgage that is insured or any other body hereafter exercising similar functions relating to Tenant’s use and occupancy otherwise supported by an agency of the Premises. Federal, state or local government, such as HUD or FHA, Tenant likewise shall will comply with the all requirements of all governmental permits and certificates and all policies of public liability, fire and other insurance at any time in force imposed with respect to the Premises. Tenant shall promptly deliver to Landlord copies of any notice or other correspondence receiveduse, by it from any governmental body, concerning the environmental condition or compliance with any other law on or affecting the Premises. Regardless of whether Tenant is in occupancy and operation of the Premises, during the term of this Lease, Tenant (and not Landlord) shall be responsible for providing any security measures as Tenant may deem necessary for the protection of person and property upon the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to continuously occupy the Premises or operate a business on the Premises. In the event Tenant shall cease the regular conduct of its business at the Premises, Tenant shall nonetheless comply with all of Tenant’s obligations under this Leaseby such governmental agencies, including but not limited to the obligations submitting certified financial statements and reports, maintaining reserves and escrow accounts required of Tenant hereunder relative under Tenant's regulatory agreement with HUD, if any, and Tenant shall enter into such regulatory agreements, covenants and like contracts applicable to maintenance Tenant as lessee of the Premises if and repair to the extent prescribed by such governmental agencies. (d) Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on any of the Premises in a manner which would (i) violate any present (or, after a change of use, future) certificate of occupancy or equivalent certificate affecting any of the Premises, (ii) make void or voidable any insurance then in effect with respect to any of the Premises, (iii) materially and adversely affect in any manner the ability of Tenant to obtain fire and other insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to the Improvements (excluding reasonable wear and tear resulting from nursing home operations), or (v) constitute a public or private nuisance or waste; provided that all of the foregoing shall be qualified to the extent otherwise provided elsewhere in this Lease.

Conduct of Business by Tenant. Tenant covenants and agrees during the Term that: (a) Tenant shall have the right to continuously use and occupy the Premises during the Lease term for any purposes as two nursing homes with 153 beds and 106 beds respectively, or such other number of beds as Tenant deems may determine appropriate, provided that Tenant shall comply with all lawssubject to the prior written consent of Landlord, rules and regulations not to be unreasonably withheld or delayed, and, at Tenant's election, for the provision of governmental authorities relating such other health care services as may be permitted under Applicable Law which are ancillary to Tenant’s use and occupancy 's operation of the Premises or any part thereof as a nursing home, including, without limitation, all lawsthe provision of subacute care services, rules home health care services, and regulations relating outpatient therapy services, and Tenant may locate on the Premises such physician and other health care professional and administrative offices as may be ancillary to the environmental condition Tenant's operation of the Premises or as a nursing home (collectively, the "Permitted Use"); and Tenant shall not use the Premises for any other purposes without the prior written consent of Landlord, which consent may be withheld at the sole and presence absolute discretion of Landlord. Notwithstanding the foregoing, any portion of the Premises not used by Tenant as of the Lease Commencement Date in connection with the operation of the Facility may be used for any purpose not inconsistent with Tenant's use of the Premises to operate the Facility as a nursing home, subject to Applicable Law. (b) Tenant shall maintain good standing and all material licenses, certifications and approvals from federal, state and local governmental and administrative agencies having jurisdiction and authority over Tenant and the operation of the Facility as a nursing home, including without limitation, all nursing home licenses required from the State and all licenses required for any material ancillary uses for which the Premises are used. Upon request, Tenant shall provide Landlord with copies of the aforesaid licenses, certifications and approvals. Tenant also shall promptly provide Landlord with notice of any Hazardous Materials (defined herein) on delicensure or decertification proceedings affecting Tenant's operation of the PremisesFacility. Landlord acknowledges and agrees that Harborside Healthcare - Westlake II is not presently certified to participate in the Medicare and Medicaid programs, and all orders, rules and regulations Tenant has no present intention to change such status. (c) To the extent the Premises are subject to a Fee Mortgage that is insured or otherwise supported by an agency of the board of fire underwriters Federal, state or any other body hereafter exercising similar functions relating to Tenant’s use and occupancy of the Premises. local government, such as HUD or FHA, Tenant likewise shall will comply with the all requirements of all governmental permits and certificates and all policies of public liability, fire and other insurance at any time in force imposed with respect to the Premises. Tenant shall promptly deliver to Landlord copies of any notice or other correspondence receiveduse, by it from any governmental body, concerning the environmental condition or compliance with any other law on or affecting the Premises. Regardless of whether Tenant is in occupancy and operation of the Premises, during the term of this Lease, Tenant (and not Landlord) shall be responsible for providing any security measures as Tenant may deem necessary for the protection of person and property upon the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to continuously occupy the Premises or operate a business on the Premises. In the event Tenant shall cease the regular conduct of its business at the Premises, Tenant shall nonetheless comply with all of Tenant’s obligations under this Leaseby such governmental agencies, including but not limited to the obligations submitting certified financial statements and reports, maintaining reserves and escrow accounts required of Tenant hereunder relative under Tenant's regulatory agreement with HUD, if any, and Tenant shall enter into such regulatory agreements, covenants and like contracts applicable to maintenance Tenant as lessee of the Premises if and repair to the extent prescribed by such governmental agencies. (d) Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on any of the Premises in a manner which would (i) violate any present (or, after a change of use, future) certificate of occupancy or equivalent certificate affecting any of the Premises, (ii) make void or voidable any insurance then in effect with respect to any of the Premises, (iii) materially and adversely affect in any manner the ability of Tenant to obtain fire and other insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to the Improvements (excluding reasonable wear and tear resulting from nursing home operations), or (v) constitute a public or private nuisance or waste; provided that all of the foregoing shall be qualified to the extent otherwise provided elsewhere in this Lease.

Conduct of Business by Tenant. Tenant covenants and agrees during the Term that: (a) Tenant shall have the right to continuously use and occupy the Premises during the Lease term for any purposes as a nursing home with 159 beds, or such other number of beds as Tenant deems may determine appropriate, provided that Tenant shall comply with all lawssubject to the prior written consent of Landlord, rules and regulations not to be unreasonably withheld or delayed, and, at Tenant's election, for the provision of governmental authorities relating such other health care services as may be permitted under Applicable Law which are ancillary to Tenant’s use and occupancy 's operation of the Premises or any part thereof as a nursing home, including, without limitation, all lawsthe provision of subacute care services, rules home health care services, and regulations relating outpatient therapy services, and Tenant may locate on the Premises such physician and other health care professional and administrative offices as may be ancillary to the environmental condition Tenant's operation of the Premises or as a nursing home (collectively, the "Permitted Use"); and Tenant shall not use the Premises for any other purposes without the prior written consent of Landlord, which consent may be withheld at the sole and presence absolute discretion of Landlord. Notwithstanding the foregoing, any portion of the Premises not used by Tenant as of the Lease Commencement Date in connection with the operation of the Facility may be used for any purpose not inconsistent with Tenant's use of the Premises to operate the Facility as a nursing home, subject to Applicable Law. (b) Tenant shall maintain good standing and all material licenses, certifications and approvals from federal, state and local governmental and administrative agencies having jurisdiction and authority over Tenant and the operation of the Facility as a nursing home, including without limitation, all nursing home licenses required from the State and all licenses required for any material ancillary uses for which the Premises are used. Upon request, Tenant shall provide Landlord with copies of the aforesaid licenses, certifications and approvals. Tenant also shall promptly provide Landlord with notice of any Hazardous Materials (defined herein) on the Premises, and all orders, rules and regulations delicensure or decertification proceedings affecting Tenant's operation of the board of fire underwriters Facility. (c) To the extent the Premises are subject to a Fee Mortgage that is insured or any other body hereafter exercising similar functions relating to Tenant’s use and occupancy otherwise supported by an agency of the Premises. Federal, state or local government, such as HUD or FHA, Tenant likewise shall will comply with the all requirements of all governmental permits and certificates and all policies of public liability, fire and other insurance at any time in force imposed with respect to the Premises. Tenant shall promptly deliver to Landlord copies of any notice or other correspondence receiveduse, by it from any governmental body, concerning the environmental condition or compliance with any other law on or affecting the Premises. Regardless of whether Tenant is in occupancy and operation of the Premises, during the term of this Lease, Tenant (and not Landlord) shall be responsible for providing any security measures as Tenant may deem necessary for the protection of person and property upon the Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to continuously occupy the Premises or operate a business on the Premises. In the event Tenant shall cease the regular conduct of its business at the Premises, Tenant shall nonetheless comply with all of Tenant’s obligations under this Leaseby such governmental agencies, including but not limited to the obligations submitting certified financial statements and reports, maintaining reserves and escrow accounts required of Tenant hereunder relative under Tenant's regulatory agreement with HUD, if any, and Tenant shall enter into such regulatory agreements, covenants and like contracts applicable to maintenance Tenant as lessee of the Premises if and repair to the extent prescribed by such governmental agencies. (d) Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on any of the Premises in a manner which would (i) violate any present (or, after a change of use, future) certificate of occupancy or equivalent certificate affecting any of the Premises, (ii) make void or voidable any insurance then in effect with respect to any of the Premises, (iii) materially and adversely affect in any manner the ability of Tenant to obtain fire and other insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to the Improvements (excluding reasonable wear and tear resulting from nursing home operations), or (v) constitute a public or private nuisance or waste; provided that all of the foregoing shall be qualified to the extent otherwise provided elsewhere in this Lease.