Common use of Facility Not Rendered Unsuitable for Its Primary Intended Use Clause in Contracts

Facility Not Rendered Unsuitable for Its Primary Intended Use. Except as provided in Section 2.7 and Section 13.7, if during the Term, the Facility is partially destroyed from a risk covered by the insurance described in Article 12, but the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore the Facility to substantially the same condition as existed immediately prior to the damage or destruction and such damage or destruction shall not terminate this Lease and all of Lessee's obligations hereunder, including Lessee's obligations with respect to the payment of the Rent, shall continue in full force and effect and shall not be affected thereby; provided that if Lessee cannot within a reasonable time obtain all necessary governmental approvals, including building permits, licenses, conditional use permits and any certificates of need, after diligent efforts to do so, in order to be able to perform all required repair and restoration work and to operate the Facility for its Primary Intended Use in substantially the same manner as immediately prior to such damage or destruction, then Lessee shall: offer, either (i) to acquire the Leased Property from Lessor for a purchase price equal to the Minimum Purchase Price immediately prior to such damage or destruction, or (ii) to substitute a new property or properties for the Leased Property pursuant to and in accordance with the provisions of Article 20 (which offer to substitute Lessor in its reasonable discretion may refuse). Lessee shall give written notice to Lessor within 60 days after the date of such damage or destruction whether Lessee chooses option (i) or (ii) and such notice shall be accompanied by the offer referred to therein. In the event Lessee fails to give such notice or does not make an offer, Lessee shall promptly proceed to restore the Facility to substantially the same condition as existed immediately prior to the damage or destruction. If Lessee's offer to substitute for the Leased Property is reasonably refused by Lessor, Lessee shall promptly proceed to restore the Facility to substantially the same condition as existed immediately prior to such damage for destruction or acquire the Leased Property from Lessor for a purchase price equal to the Minimum Purchase Price of the Leased Property immediately prior to such damage or destruction.

Facility Not Rendered Unsuitable for Its Primary Intended Use. Except --------------------------------------------------------------- as provided in Section 2.7 2.6 and Section 13.7, if during the Term, the a Facility is partially destroyed from a risk covered by the insurance described in Article 12, but the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Lessee shall restore the Facility to substantially the same condition as existed immediately prior to the damage or destruction and such damage or destruction shall not terminate this Lease and all of Lessee's obligations hereunder, including Lessee's obligations with respect to the payment of the Rent, shall continue in full force and effect and shall not be affected thereby; provided that if Lessee cannot within a reasonable time obtain all necessary governmental approvals, including building permits, licenses, conditional use permits and any certificates of need, after diligent efforts to do so, in order to be able to perform all required repair and restoration work and to operate the Facility for its Primary Intended Use in substantially the same manner as immediately prior to such damage or destruction, then Lessee shall: offer, either (i) to acquire the Leased Property affected Facility from Lessor for a purchase price equal to the Minimum Purchase Price immediately prior to such damage or destruction, or (ii) to substitute a new property or properties for the Leased Property affected Facility pursuant to and in accordance with the provisions of Article 20 (which offer to substitute Lessor in its reasonable discretion may refuse). Lessee shall give written notice to Lessor within 60 days after the date of such damage or destruction whether Lessee chooses option (i) or (ii) and such notice shall be accompanied by the offer referred to therein. In the event Lessee fails to give such notice or does not make an offer, Lessee shall promptly proceed to restore the affected Facility to substantially the same condition as existed immediately prior to the damage or destruction. If Lessee's offer to substitute for the Leased Property affected Facility is reasonably refused by Lessor, Lessee shall promptly proceed to restore the Facility to substantially the same condition as existed immediately prior to such damage for destruction or acquire the Leased Property affected Facility from Lessor for a purchase price equal to the Minimum Purchase Price of the Leased Property affected Facility immediately prior to such damage or destruction.. 38.1 Reconstruction in the Event of Damage or Destruction Not Covered by ----------------------------------------------------------------------- Insurance. Except as provided in Section 13.7, if during the Term a Facility is ------ totally or materially destroyed from a risk not covered by the insurance described in Article 12, whether or not such damage or destruction renders the Facility Unsuitable for Its Primary Intended Use, Lessee shall: (14) restore the Facility to substantially the same condition it was in immediately prior to such damage or destruction and such damage or destruction shall not terminate this Lease, and all of Lessee's obligations hereunder, including Lessee's obligations with respect to the payment of the Rent, shall continue in full force and effect and not be affected thereby, or (15) offer either (A) to acquire the affected Facility from Lessor for a purchase price equal to the Minimum Purchase Price immediately prior to such damage or destruction, or (B) to substitute a new property or properties for the affected Facility pursuant to and in accordance with the provisions of Article 20 (which offer to substitute Lessor in its reasonable discretion may refuse); provided that if such damage or destruction is not material in the reasonable opinion of Lessor, Lessee shall restore the affected Facility to substantially the same condition as existed immediately prior to any such damage or destruction. Lessee shall give written notice to Lessor within 60 days after the date of such damage or destruction whether Lessee chooses option (i), (ii)(A) or (ii)(B) and, in the event of either option (ii)(A) or (ii)(B), such notice shall be accompanied by the offer referred to therein. In the event Lessee fails to give such notice or does not make an offer, Lessee shall promptly proceed to restore the affected Facility to substantially the same condition as existed immediately prior to the damage or destruction. If Lessor does not accept Lessee's offer to substitute for or purchase the affected Facility within 30 days after the date of such offer, Lessee' offer shall be deemed withdrawn on such 30th day and Lessee shall promptly proceed to restore the affected Facility to substantially the same condition as existed immediately prior to such damage for destruction; provided that if such damage or destruction occurs during any Extended Term, then Lessor must accept Lessee's offer to acquire the affected Facility from Lessor for a purchase price equal to the Minimum Purchase Price immediately prior to such damage or destruction. 39.1