Common use of Facility Operations Clause in Contracts

Facility Operations. In order to facilitate a responsible and efficient transfer of the operations of the Facility, Tenant shall, if and to the extent requested by Landlord and subject to all applicable law, [i] deliver to Landlord the most recent updated reports, notices, schedules and documents listed under item nos. 17 and 18 of Exhibit E; [ii] assuming Tenant has not already vacated the Leased Property, continue and maintain the operation of the Facility in the ordinary course of business, including using its commercially reasonable efforts to retain the residents at the Facility to the fullest extent practicable and consistent with applicable laws and regulations, until transfer of the Facility operations to the Replacement Operator is completed; [iii] enter into such management agreements, operations transfer agreements and other types of agreements that may be reasonably requested by Landlord or the Replacement Operator, provided, however, in no event shall Tenant be required to permit the Replacement Operator to operate the Leased Property under their licenses unless they receive confirmation that doing so will not violate applicable Legal Requirements and they get appropriate indemnities from the Replacement Operator in form and substance reasonably acceptable to Tenant; and [iv] provide reasonable access during normal business hours and on reasonable advance notice for Landlord and its agents to show the Facility to potential replacement operators. Tenant consents to the distribution by Landlord to potential replacement operators of Facility financial statements, licensure reports, financial and property due diligence materials and other documents, materials and information relating to the Facility. The provisions of this section do not create or establish any rights in Tenant or any third party and Landlord reserves all rights and remedies relating to termination of this Lease.

Facility Operations. (a) In order to facilitate a responsible and efficient transfer of the operations of the FacilityFacilities, Tenant and Subtenant shall, if and to the extent requested by Landlord and subject to all applicable law, [i] deliver to Landlord the most recent updated reports, notices, schedules and documents listed under item nos. 17 and 18 of in Exhibit E; and [ii] assuming provide reasonable access for Landlord and its agents to show the Facilities to potential Replacement Operators. (b) If, upon the expiration or termination of this Lease, neither Landlord nor any other Person assumes operational responsibility for the Facilities, Tenant has not already vacated the Leased Propertyshall, pursuant to a commercially reasonable management agreement or similar arrangement on commercially reasonable terms to be determined by Tenant and Landlord in good faith (subject to clause (C), below, continue and maintain to operate the operation of the Facility Facilities in the ordinary course of business, including using its commercially reasonable efforts to retain the residents at the Facility to the fullest extent practicable business and consistent with applicable laws and regulations, until the date of transfer of the Facility operations to the Replacement Operator or such other party as may be designated by a governmental or regulatory authority is completed; [iii] enter into such management agreements, operations transfer agreements and other types of agreements that may be reasonably requested by Landlord or the Replacement Operator, provided, however, in that during such period (A) Tenant shall have no event obligation to pay any Rent, including, without limitation, Base Rent and Additional Rent, (B) Landlord shall be responsible for the operating shortfalls of the Facilities and shall receive the benefit of all revenue generated by the Facilities, and (C) Tenant shall be required entitled to permit receive a management fee for such services equal to up to 5% of applicable Facility revenues; provided, further, however, to the Replacement Operator extent Landlord fails to identify a Person to assume operational responsibility within six months after the termination or expiration of this Lease, or any such identified Person does not obtain all approvals necessary to operate the Leased Property under their licenses unless they receive confirmation that doing so will not violate applicable Facilities pursuant to all Legal Requirements and they get appropriate indemnities from within 12 months after the Replacement Operator in form and substance reasonably acceptable to Tenant; and [iv] provide reasonable access during normal business hours and on reasonable advance notice for Landlord and its agents to show the Facility to potential replacement operators. Tenant consents to the distribution by Landlord to potential replacement operators of Facility financial statements, licensure reports, financial and property due diligence materials and other documents, materials and information relating to the Facility. The provisions termination or expiration of this section do Lease, Tenant, at Landlord’s sole cost and expense and without any liability to Landlord, may, but shall not create be obligated to, either (x) request that the appropriate regulatory authorities assume operational and financial responsibility for the Facilities or establish any rights in Tenant (y) proceed to close the Facilities and relocate the residents thereof. (c) If, upon the expiration or any third party and Landlord reserves all rights and remedies relating to termination of this Lease, a Replacement Operator is ready, willing and able, and has been approved by all Governmental Authorities, to commence operating the Facilities and Tenant fails to transition the operations to such Replacement Operator, the provisions of Article 19 shall apply.

Facility Operations. In order to facilitate a responsible and efficient transfer of the operations of the Facility, Tenant shall, if and to the extent requested by Landlord and subject to all applicable lawLandlord, [i] deliver to Landlord the most recent updated reports, notices, schedules and documents listed under item nos. 17 and 18 of Exhibit E; [ii] assuming Tenant has not already vacated the Leased Property, continue and maintain the operation of the Facility in the ordinary course of business, including using its commercially reasonable efforts to retain the residents at the Facility to the fullest extent practicable and consistent with applicable laws and regulations, until transfer of the Facility operations to the Replacement Operator is completed; [iiiii] enter into such management agreements, operations transfer agreements and other types of agreements that may be reasonably requested by Landlord or the Replacement Operator, ; provided, however, in no event shall Tenant be required to permit the Replacement Operator to operate the Leased Property under their its licenses unless they receive Tenant receives confirmation that doing so will not violate applicable Legal Requirements and they get appropriate indemnities from the Replacement Operator in form and substance reasonably acceptable to Tenant; and [iv] provide reasonable access during normal business hours and on reasonable advance notice for Landlord and its agents to show the Facility to potential replacement operators. Tenant consents consent to the distribution by Landlord to potential replacement operators of Facility financial statements, licensure reports, financial and property due diligence materials and other documents, materials and information relating to the Facility. The provisions of this section do not create or establish any rights in Tenant or any third party and Landlord reserves all rights and remedies relating to termination of this Lease.

Facility Operations. In order to facilitate a responsible and efficient transfer of the operations of the Facility, Tenant and Subtenant shall, if and to the extent requested by Landlord and subject to all applicable lawLandlord, [i] deliver to Landlord the most recent updated reports, notices, schedules and documents listed under item nos. 17 17, 18, 19, 20 and 18 21 of Exhibit E; [ii] assuming Tenant or Subtenant has not already vacated the Leased Property, continue and maintain the operation of the Facility in the ordinary course of business, including using its commercially reasonable efforts to retain the residents at the Facility to the fullest extent practicable and consistent with applicable laws and regulations, until transfer of the Facility operations to the Replacement Operator is completed; [iii] enter into such management agreements, operations transfer agreements and other types of agreements that may be reasonably requested by Landlord or the Replacement Operator, ; provided, however, in no event shall Tenant or Subtenant be required to permit the Replacement Operator to operate the Leased Property under their licenses unless they receive confirmation that doing so will not violate applicable Legal Requirements and they get appropriate indemnities from the Replacement Operator in form and substance reasonably acceptable to TenantTenant and Subtenant; and [iv] provide reasonable access during normal business hours and on reasonable advance notice for Landlord and its agents to show the Facility to potential replacement operators. Tenant consents and Subtenant consent to the distribution by Landlord to potential replacement operators of Facility financial statements, licensure reports, financial and property due diligence materials and other documents, materials and information relating to the Facility. The provisions of this section do not create or establish any rights in Tenant Tenant, Subtenant or any third party and Landlord reserves all rights and remedies relating to termination of this Lease.