Common use of Deletion of Properties Clause in Contracts

Deletion of Properties. If this Lease is terminated as to one (1) or more Leased Properties (but not all of the Leased Properties) in connection with a Casualty (in accordance with this Paragraph 17) or a Condemnation (in accordance with Paragraph 23), the provisions of this Paragraph 17(e) shall be applicable. Without necessity of any further action of the parties, this Lease shall terminate as to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of such removal (each such date, a "Property Removal Date") as set forth under the express terms of Paragraph 17 or Paragraph 23. As of the applicable Property Removal Date, this Lease shall be automatically and ipso facto amended to: (i) delete and eliminate the Deleted Property(ies) herefrom; and (ii) exclude the applicable Deleted Property(ies) from the definition of Leased Property (except with respect to Tenant's obligations under Paragraph 18(f) or Paragraph 19(c)). The terms of items (i) and (ii) above shall not limit the liability of Tenant in case of any termination of this Lease as it relates to an applicable Deleted Property in connection with a Casualty (in accordance with Paragraph 17) or a Condemnation pursuant to Paragraph 23 for any other amounts then owed by Tenant to Landlord with respect to the related Leased Property, and the deletion of one (1) or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent Adjustment. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election for such Deleted Property.

Deletion of Properties. If this Lease is terminated as to one (1) or more Leased Properties (but not all of the Leased Properties) in connection with a Casualty (in accordance with this Paragraph 17) or a Condemnation (in accordance with Paragraph 23), the provisions of this Paragraph 17(e17(f) shall be applicable. Without necessity of any further action of the parties, this Lease shall terminate as to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of such removal (each such date, a "Property Removal Date") as set forth under the express terms of Paragraph 17 or Paragraph 23. As of the applicable Property Removal Date, this Lease shall be automatically and ipso facto amended to: (i) delete and eliminate the Deleted Property(ies) herefrom; and (ii) exclude the applicable Deleted Property(ies) from the definition of Leased Property (except with respect to Tenant's obligations under Paragraph 18(f) or Paragraph 19(c)). The terms of items (i) and (ii) above shall not limit the liability of Tenant in case of any termination of this Lease as it relates to an applicable Deleted Property in connection with a Casualty (in accordance with Paragraph 17) or a Condemnation pursuant to Paragraph 23 for any other amounts then owed by Tenant to Landlord with respect to the related Leased Property, and the deletion of one (1) or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent Adjustment. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election for such Deleted Property.

Deletion of Properties. If In the event that this Lease is terminated as to one or more Deleted Properties (1but not all of the Premises) pursuant to Section 17.2 or as to one or more Leased Properties (but not all of the Leased PropertiesPremises) in connection with a Casualty (in accordance with this Paragraph 17) or a Condemnation (in accordance with Paragraph 23)Condemnation, the provisions of this Paragraph 17(e) Section 17.9 shall be applicable. Without necessity of any further action of the parties, this Lease shall terminate as to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of at such removal time (each such date, a "the “Property Removal Date"”) as set forth under Landlord delivers written notice to Tenant exercising its termination rights pursuant to Section 15, Section 16 or Section 17.2 (any of the express terms foregoing, a “Deletion Notice”). In addition, without further action of Paragraph 17 the parties, (x) upon the consummation of the Option Closing pursuant to Section 44.1 hereof, the Subject Mentor Properties shall be considered Deleted Properties, and shall be separated and removed from this Lease as provided in this Section 17.9, with the applicable Property Removal Date to be the day preceding such Option Closing (if the net closing proceeds are received by Landlord on or Paragraph 23prior to 2:00 p.m. Chicago time on the day of closing) and otherwise to be the day of such Option Closing, and (y) upon the consummation of the sale of any Subject Farm Pond Property(ies) to Tenant as provided in Section 44.3, such Farm Pond Property(ies) shall be considered Deleted Properties, and shall be separated and removed from this Lease as provided in this Section 17.9, with the applicable Property Removal Date to be the day preceding the consummation of such sale (if the net closing proceeds are received by Landlord on or prior to 2:00 p.m. Chicago time on the day of closing) and otherwise to be the day of such consummation. As of the applicable Property Removal Date, this Lease shall be automatically and ipso facto amended to: (i) delete and eliminate the Deleted Property(ies) herefrom; and (ii) exclude the applicable Deleted Property(ies) from the definition of Leased Property (except with respect to Tenant's obligations under Paragraph 18(f) or Paragraph 19(c)). The terms of items (i) and (ii) above shall not limit the liability of Tenant in case of any termination of this Lease as it relates to an applicable Deleted Property in connection with a Casualty (in accordance with Paragraph 17) or a Condemnation pursuant to Paragraph 23 for any other amounts then owed by Tenant to Landlord with respect to the related Leased Property, and the deletion of one (1) or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent Adjustment. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election for such Deleted Property.:

Deletion of Properties. If In the event that this Lease is terminated as to one or more Deleted Properties (1but not all of the Premises) pursuant to Section 17.2 or as to one or more Leased Properties (but not all of the Leased PropertiesPremises) in connection with a Casualty (in accordance with this Paragraph 17) or a Condemnation (in accordance with Paragraph 23)Condemnation, the provisions of this Paragraph 17(e) Section 17.9 shall be applicable. Without necessity of any further action of the parties, this Lease shall terminate as to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of at such removal time (each such date, a the "Property Removal Date") as Landlord delivers written notice to Tenant (or Tenant delivers written notice to Landlord in certain limited instances herein expressly set forth under forth) exercising its termination rights pursuant to Section 15, Section 16 or Section 17.2 (any of the express terms of Paragraph 17 or Paragraph 23foregoing, a "Deletion Notice"). As of the applicable Property Removal Date, this Lease shall be automatically and ipso facto amended to: (i) delete and eliminate the Deleted Property(ies) herefrom; and (ii) exclude the applicable Deleted Property(ies) Properties from the definition of Premises; (iii) reduce the Fixed Rent payable hereunder by an amount equal to the product of: (x) the aggregate Tenant's Proportionate Share(s) applicable to all of the Deleted Properties; and (y) the aggregate Fixed Rent in effect under this Lease as of the Property Removal Date; (iv) Exhibit C attached hereto and made a part hereof and the Base Year Operating Income shall be amended and reduced, respectively, to delete and eliminate the Deleted Property(ies) therefrom and reduce the Base Year Operating Income(s) applicable to the remaining Leased Property Property(ies) by the amount of the Allocated Base Year Operating Income applicable to the Deleted Properties for the purposes of determining whether the Rent Escalation Condition has been satisfied and otherwise; and (except with v) Schedule 2 attached hereto and made a part hereof shall be revised to remove the allocation of rents and the Tenant's Proportionate Share(s) for all of the Deleted Property(ies), and the Tenant's Proportionate Shares applicable to the remaining Facilities set forth on Schedule 2 attached hereto shall be recalculated so that each such Tenant shall have a Tenant's Proportionate Share equal to the percentage that the Fixed Rent for the Facility(ies) operated by such Tenant comprises of the aggregate Fixed Rent for all Facilities remaining under this Lease such that the aggregate of all of the remaining Tenant's Proportionate Shares equals one hundred percent (100%). With respect to Tenant's obligations under Paragraph 18(f) or Paragraph 19(cany Terminated Lease Property(ies)). The , the terms of items (iiii) and (iiv) above shall not limit be without limitation upon the liability of Tenant (joint and several) for the rental amounts allocated to the Terminated Lease Property(ies), and, (a) in case of any termination of this Lease as it relates to an applicable Deleted Property a result of any Event of Default, any damages resulting from the Event of Default that resulted in connection with a Casualty the deletion of such Terminated Lease Property(ies) herefrom; and (b) in accordance with Paragraph 17) or a Condemnation case of any termination of this Lease pursuant to Paragraph 23 for Section 15 or Section 16 hereof, any other amounts then obligations owed by Tenant to Landlord with respect to the related Leased Property, and the deletion on account of one (1) such termination under Section 15 or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent AdjustmentSection 16 hereof. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election promptly (and in any event within ten (10) Business Days after) after Landlord submits such amendment to Tenant for such Deleted Propertyexecution.

Deletion of Properties. If this Lease is terminated as Acquiror does not exercise its unilateral right to one (1) deliver a Termination Notice pursuant to Sections 5C, 7, or more Leased Properties (but not 9, Acquiror may nevertheless elect to proceed with the acquisition of less than all of the Leased Properties or the Additional Properties, and to delete and eliminate from this Agreement those certain Properties (or Additional Properties) that Acquiror, in connection its sole discretion (but subject to the limitations set forth in this Agreement with respect to acceptable reasons for Acquiror to so delete a Casualty (in accordance with this Paragraph 17) Property or a Condemnation (in accordance with Paragraph 23Additional Property), elects not to acquire (the provisions "Deleted Properties"), pursuant to the delivery to Contributor, not later than fifteen (15) days prior to the Closing Date (unless otherwise provided for in this Agreement), of written notice describing the Deleted Properties and the reasons for such deletion (the "Property Deletion Notice"), under which Acquiror may exercise the foregoing partial termination option and designate those specific Properties (or Additional Properties), that shall constitute Deleted Properties under this Paragraph 17(e) shall be applicableAgreement. Without necessity Upon the delivery by Purchaser of any a Property Deletion Notice, this Agreement shall, without further action of the parties, this Lease shall terminate as be deemed to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of such removal (each such date, a "Property Removal Date") as set forth under the express terms of Paragraph 17 or Paragraph 23. As of the applicable Property Removal Date, this Lease shall be have been automatically and ipso facto amended to: (i) delete and to eliminate the Deleted Property(iesProperties herefrom. Upon such amendment of this Agreement, (a) herefrom; and (ii) all references to the Properties or Additional Properties, as the case may be, shall automatically exclude the applicable Deleted Property(iesProperties and no obligations of Contributor (or Acquiror's Conditions Precedent) from set forth herein shall apply to the definition of Leased Property Deleted Properties, (except b) all references to Contributor and Owner shall automatically exclude the Contributor(s) and Owner(s) appurtenant to the Deleted Properties with respect to Tenant's obligations under Paragraph 18(fsuch Properties, (c) the Contribution Consideration or Paragraph 19(c)). The terms of items (iAdditional Consideration shall be reduced by the amount allocated to the Deleted Properties and their related Management Contracts pursuant to Schedule 3B(i) and Schedule 3B(ii), and (iid) above Acquiror shall not limit promptly return to Contributor all documents, records and studies relating to the liability Deleted Properties. Notwithstanding the foregoing, no such amendment shall modify any indemnity or other obligation of Tenant in case a party regarding the Deleted Properties which expressly survives the deletion of any the Property or Additional Property, or the termination of this Lease as it relates to an applicable Deleted Property in connection with a Casualty (in accordance with Paragraph 17) or a Condemnation pursuant to Paragraph 23 for any other amounts then owed by Tenant to Landlord with respect Agreement. In all events, however, Acquiror's rights under this Section 10A are expressly subject to the related Leased Property, and the deletion of one (1) or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent Adjustment. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election for such Deleted Propertyspecific limitations imposed under Section 10B below.

Deletion of Properties. If In the event that this Lease is terminated as to one or more Deleted Properties (1but not all of the Premises) pursuant to SECTION 17.2 or as to one or more Leased Properties (but not all of the Leased PropertiesPremises) in connection with a Casualty (in accordance with this Paragraph 17) or a Condemnation (in accordance with Paragraph 23)47 Condemnation, the provisions of this Paragraph 17(e) SECTION 17.9 shall be applicable. Without necessity of any further action of the parties, this Lease shall terminate as to the Deleted Property(ies), and the Deleted Property(ies) shall be separated and removed herefrom, on the effective date of at such removal time (each such date, a the "Property Removal DatePROPERTY REMOVAL DATE") as set forth under Landlord delivers written notice to Tenant exercising its termination rights pursuant to SECTION 15, SECTION 16 or SECTION 17.2 (any of the express terms of Paragraph 17 or Paragraph 23foregoing, a "DELETION NOTICE"). As of the applicable Property Removal Date, this Lease shall be automatically and ipso facto amended to: (i) delete and eliminate the Deleted Property(ies) herefrom; and (ii) exclude the applicable Deleted Property(ies) Properties from the definition of Leased Property Premises; (except with iii) reduce the Fixed Rent payable hereunder by the Allocated Rent applicable to all of the Deleted Properties; and (iv) SCHEDULE 2 attached hereto shall be revised to remove the Allocated Rent for all of the Deleted Property(ies). With respect to Tenant's obligations under Paragraph 18(f) or Paragraph 19(cany Terminated Leased Property(ies)). The , the terms of items (i) and through (iiiv) above shall not limit the liability of Tenant (joint and several) (a) in case of any termination of this Lease as it relates to an applicable Deleted Property a result of any Event of Default, for any damages resulting from the Event of Default that resulted in connection with a Casualty the deletion of such Terminated Lease Property(ies) herefrom and (b) in accordance with Paragraph 17) or a Condemnation case of any termination of this Lease pursuant to Paragraph 23 SECTION 15 or SECTION 16 hereof, for any other amounts then obligations owed by Tenant to Landlord with respect to the related Leased Property, and the deletion on account of one (1) such termination under SECTION 15 or more of the Leased Properties from this Lease shall not reduce the Lease Basis or otherwise affect or reduce the obligations of Tenant hereunder, except for reducing the Rent by the Deleted Property Rent AdjustmentSECTION 16 hereof. Tenant and Landlord shall execute and enter into an amendment to this Lease reflecting the elimination of any Deleted Property(ies) herefrom at the effective date of the Limited Termination Election promptly (and in any event within ten (10) Business Days) after Landlord submits such amendment to Tenant for such Deleted Propertyexecution.