Common use of Future Development Clause in Contracts

Future Development. A. Tenant understands and agrees that Landlord is, will or may be engaged in the design, development, demolition, construction and leasing activities in connection with additional development of the Project and the Common Areas within areas adjacent to or near the Leased Premises and that these activities may result in, among other things, the creation of temporary periods of noise, vibrations, dust, lights, and odors. Tenant acknowledges that it has received notification of these activities. In addition to Landlord’s rights set forth elsewhere in this Lease, Tenant covenants and agrees that Landlord shall have the right, in the nature of an easement, to subject the Leased Premises and areas adjacent to or near to the Leased Premises to such temporary nuisances during such activities. Notwithstanding the foregoing, Landlord shall use its reasonable efforts to minimize any interference with or disruption of Tenant’s business in the Leased Premises and, subject to the foregoing, neither Landlord nor its related entities or affiliates shall be liable to Tenant for any inconvenience or disruption resulting from such construction nor shall any such inconvenience serve as the basis for any abatement in Rent. Tenant further agrees that Tenant shall take no action to limit or delay Landlord’s activities in connection with the design, development, demolition, construction or leasing of such areas in the Project. B. Landlord reserves the right to subdivide all or a portion of the Project so long as the same does not materially interfere with Xxxxxx’s use of or access to the Leased Premises or Tenant’s parking or signage rights hereunder. Xxxxxx agrees to execute and deliver, upon demand by Landlord and in the form requested by Landlord, any additional documents needed to conform this Lease to the circumstances resulting from a subdivision and any all maps, reciprocal easement agreements or other instruments, documents, and agreements in connection therewith, so long as the same does not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Notwithstanding anything to the contrary set forth in this Lease, the separate ownership of any buildings and/or Common Area by an entity other than Landlord shall not affect the calculation of Operating Costs, Insurance Costs or Taxes or Tenant’s payment of Tenant’s Share of any Operating Costs, Insurance Costs or Taxes.

Future Development. A. Section 1.5.1. Tenant understands hereby acknowledges tbat an affiliate of Landlord intends (but shall not be obligated) to further develop land adjacent to the Real Property identified on Exhibit D attached hereto as "Lot 3" (the "Adjacent Land") by constructing thereon one or more buildings together with associated parking areas, driveways, utility installations and other related improvements (the "Future Development"). Tenant agrees that Landlord is, will or may be engaged in the design, development, demolition, construction and leasing activities to cooperate with ndlord's affiliate in connection with additional development any such Future Development by providing any necessary temporary construction easements, provided that said easements do not interfere with the construction of the Project and Improvements, unreasonably interfere with the Common Areas within areas adjacent operation of Tenant's business from the Premises, reduce the available parking for the Facility, obstruct Tenant's access to or near the Leased Premises and that these activities may result in, among other things, Facility and/or interfere with the creation quiet enjoyment of temporary periods of noise, vibrations, dust, lights, and odorsTenant's residents. Tenant acknowledges that it has received notification of these activities. In addition to Landlord’s rights set forth elsewhere in this Lease, Tenant Landlord covenants and agrees that Landlord any such Future Development shall have (i) be of the rightsame or better quality of construction as the Improvements constructed hereunder, (ii) consist of an architectural style and appearance which would be compatible and aesthetically consistent with the appearance of the Improvements constructed hereunder, (iii) not result in any relocation or decrease in the nature parking facilities constructed hereunder for the Improvements, all of an easementwhich parking hereunder shall remain for the exclusive use of the Facility, (iv) not result in any additional cost or expense to Tenant, and (v) not create or result in, any noncompliance of the Facility or associated improvements with any statutes, codes, regulations, ordinances, or orders of any agencies which regulate or are responsible for approving or accrediting senior housing with assisted living services (and assisted Ihing specifically) or which may be at any time applicable to any portion of the Premises or any use thereof. T qndlord agrees that its affiliate shall not deliver a substantially completed Future Development to the occupant thereof within one year of the Rent Commencement Date hereunder, nor permit any marketing of said Future Development facility within said one year period. Any failure by the owner and/or operator of the Adjacent Land to comply with the provisions of Sections 1.5.1 and 1.5.2 (it being the responsibility of the Landlord to notify any such owner and operator of the same) shall be deemed a default by Landlord hereunder. Section 1.5.2. Tenant shall, at no time, have any responsibility whatsoever with respect to the maintenance of the Adjacent Land. Until such time as the Adjacent Land has been improved with the Future Development, Landlord covenants and agrees, at Landlord's sole cost and expense, to subject perform routine weed abatement and trash removal as necessary to keep and maintain the Leased Premises Adjacent Land in a clean and areas adjacent to or near to sightly condition. In connection with Landlord's design and construction of the Leased Premises to such temporary nuisances during such activities. Notwithstanding the foregoingFuture Development, Landlord shall use cause the Future Development to be professionally landscaped consistent with the quality of landscaping installed for the improvements hereunder. Upon completion of the Future Development, Landlord shall cause its reasonable efforts aff'liate to minimize keep and maintain or shall cause the occupant of the Future Development or any interference successor to Landlord's affiliate's interest therein, to keep and maintain, all such landscaping installed at the Adjacent Land in a good and sightly condition. Any failure by the owner and/or operator of the Adjacent Land to comply with or disruption the provisions of Tenant’s business Sections 1.5.1 and 1.5.2 (it being the responsibility of the Landlord to notify any such owner and operator of the same) shall be deemed a default by Landlord hereunder. Section 1.5.3. As an alternative to Sections 1.5.1 and 1.5.2 hereof, at Landlord's election, but in any event upon the sale of the Adjacent Land, Landlord shall cause its aff'liate to record in the Leased Premises andcoungr recorder's offce, subject prior to said sale, restrictive covenants consistent with the foregoingprovisions of Sections 1.5.1 and 1.5.2 and in form and substance reasonably approved by Tenant. Upon the recording of such restrictive covenants, neither Landlord nor its related entities or affiliates as reasonably approved by Tenant, Sections 1.5.1 and 1.5.2 shall be liable to Tenant for any inconvenience of no further force or disruption resulting effect and shall be automatically deemed deleted from such construction nor shall any such inconvenience serve as the basis for any abatement in Rent. Tenant further agrees that Tenant shall take no action to limit or delay Landlord’s activities in connection with the design, development, demolition, construction or leasing of such areas in the Project. B. Landlord reserves the right to subdivide all or a portion of the Project so long as the same does not materially interfere with Xxxxxx’s use of or access to the Leased Premises or Tenant’s parking or signage rights hereunder. Xxxxxx agrees to execute and deliver, upon demand by Landlord and in the form requested by Landlord, any additional documents needed to conform this Lease to the circumstances resulting from a subdivision and any all maps, reciprocal easement agreements or other instruments, documents, and agreements in connection therewith, so long as the same does not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Notwithstanding anything to the contrary set forth in this Lease, the separate ownership of any buildings and/or Common Area by an entity other than Landlord shall not affect the calculation of Operating Costs, Insurance Costs or Taxes or Tenant’s payment of Tenant’s Share of any Operating Costs, Insurance Costs or Taxes.

Future Development. A. 1.5.1. Tenant understands hereby acknowledges that an affiliate of Landlord intends (but shall not be obligated) to further develop land adjacent to the Real Property identified on Exhibit "D" attached hereto xx "Xxxxx 0" (xxx "Xxxxxxxx Xxxx") by constructing thereon one or more buildings together with associated parking areas, driveways, utility installations and other related improvements (the "Future Development"). Tenant agrees that Landlord is, will or may be engaged in the design, development, demolition, construction and leasing activities to cooperate with Landlord's affiliate in connection with additional development any such Future Development by providing any necessary temporary construction easements, provided that said easements do not interfere with the construction of the Project and Improvements, unreasonably interfere with the Common Areas within areas adjacent use of the Access Road, or interfere with the operation of Tenant's business from the Premises, reduce the available parking for the Facility, obstruct Tenant's access to or near the Leased Premises and that these activities may result in, among other things, Facility and/or interfere with the creation quiet enjoyment of temporary periods of noise, vibrations, dust, lights, and odorsTenant's residents. Tenant acknowledges that it has received notification of these activities. In addition to Landlord’s rights set forth elsewhere in this Lease, Tenant Landlord covenants and agrees that Landlord any such Future Development shall have (i) be of the rightsame or better quality of construction as the Improvements constructed hereunder, (ii) consist of an architectural style and appearance which would be compatible and aesthetically consistent with the appearance of the Improvements constructed hereunder, (iii) not result in any relocation or decrease in the nature parking facilities constructed hereunder for the Improvements, all of an easementwhich parking hereunder shall remain for the exclusive use of the Facility, (iv) not result in any additional cost or expense to subject Tenant, and (v) not create or result in, any noncompliance of the Leased Premises Facility or associated improvements with any statutes, codes, regulations, ordinances, or orders of any agencies which regulate or are responsible for approving or accrediting senior housing with assisted living services (and areas adjacent assisted living specifically) or which may be at any time applicable to or near to the Leased Premises to such temporary nuisances during such activities. Notwithstanding the foregoing, Landlord shall use its reasonable efforts to minimize any interference with or disruption of Tenant’s business in the Leased Premises and, subject to the foregoing, neither Landlord nor its related entities or affiliates shall be liable to Tenant for any inconvenience or disruption resulting from such construction nor shall any such inconvenience serve as the basis for any abatement in Rent. Tenant further agrees that Tenant shall take no action to limit or delay Landlord’s activities in connection with the design, development, demolition, construction or leasing of such areas in the Project. B. Landlord reserves the right to subdivide all or a portion of the Project so long as Premises, the same does Access Road or any use thereof. Landlord agrees that its affiliate shall not materially interfere with Xxxxxx’s use of or access deliver a substantially completed Future Development to the Leased Premises or Tenant’s parking or signage rights occupant thereof within one year of the Rent Commencement Date hereunder. Xxxxxx agrees to execute and deliver, upon demand by Landlord and in the form requested by Landlord, nor permit any additional documents needed to conform this Lease to the circumstances resulting from a subdivision and any all maps, reciprocal easement agreements or other instruments, documents, and agreements in connection therewith, so long as the same does not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Notwithstanding anything to the contrary set forth in this Lease, the separate ownership marketing of any buildings and/or Common Area by an entity other than Landlord shall not affect the calculation of Operating Costs, Insurance Costs or Taxes or Tenant’s payment of Tenant’s Share of any Operating Costs, Insurance Costs or Taxessaid Future Development facility within said one year period.

Future Development. A. Section 1.5.1. Tenant understands hereby acknowledges that an affiliate of Landlord intends (but shall not be obligated) to further develop land adjacent to the Real Property identified on Exhibit "D" attached hereto xx "Xxxxx 0" (xxx "Xxxxxxxx Xxxx") by constructing thereon one or more buildings together with associated parking areas, driveways, utility installations and other related improvements (the "Future Development"). Tenant agrees that Landlord is, will or may be engaged in the design, development, demolition, construction and leasing activities to cooperate with Landlord's affiliate in connection with additional development any such Future Development by providing any necessary temporary construction easements, provided that said easements do not interfere with the construction of the Project and Improvements, unreasonably interfere with the Common Areas within areas adjacent use of the Access Road, or interfere with the operation of Tenant's business from the Premises, reduce the available parking for the Facility, obstruct Tenant's access to or near the Leased Premises and that these activities may result in, among other things, Facility and/or interfere with the creation quiet enjoyment of temporary periods of noise, vibrations, dust, lights, and odorsTenant's residents. Tenant acknowledges that it has received notification of these activities. In addition to Landlord’s rights set forth elsewhere in this Lease, Tenant Landlord covenants and agrees that any such Future Development shall (i) be of the same or better quality of construction as the Improvements constructed hereunder, (ii) consist of an architectural style and appearance which would be compatible and aesthetically consistent with the appearance of the Improvements constructed hereunder, (iii) not result in any relocation or decrease in the parking facilities constructed hereunder for the Improvements, all of which parking hereunder shall remain for the exclusive use of the Facility, (iv) not result in any additional cost or expense to Tenant, and (v) not create or result in, any noncompliance of the Facility or associated improvements with any statutes, codes, regulations, ordinances, or orders of any agencies which regulate or are responsible for approving or accrediting senior housing with assisted living services (and assisted living specifically) or which may be at any time applicable to any portion of the Premises, the Access Road or any use thereof. Landlord agrees that its affiliate shall have not deliver a substantially completed Future Development to the occupant thereof within one year of the Rent Commencement Date hereunder, nor permit any marketing of said Future Development facility within said one year period. Section 1.5.2. The Real Property and the Adjacent Land currently comprise (collectively) one legal lot; Landlord reserves the right, in the nature of an easementits discretion, but shall not be obligated in any way, to subject subdivide such lot to create two or more separate legal lots, with the Leased Premises and areas adjacent Real Property to or near to the Leased Premises to such temporary nuisances during such activities. Notwithstanding the foregoingbe a stand alone legal lot, Landlord shall use its reasonable efforts to minimize any interference with or disruption of Tenant’s business in the Leased Premises and, subject to the foregoing, neither Landlord nor its related entities or affiliates shall be liable to Tenant for any inconvenience or disruption resulting from such construction nor shall any such inconvenience serve as the basis for any abatement in Rent. Tenant further agrees that Tenant shall take no action to limit or delay Landlord’s activities in connection with its plan for the design, development, demolition, construction or leasing of such areas in the Project. B. Landlord reserves the right to subdivide all or a portion of the Project so long as the same does not materially interfere with Xxxxxx’s use of or access to the Leased Premises or Tenant’s parking or signage rights hereunder. Xxxxxx agrees to execute and deliver, upon demand by Landlord and in the form requested by Landlord, any additional documents needed to conform this Lease to the circumstances resulting from a subdivision and any all maps, reciprocal easement agreements or other instruments, documents, and agreements in connection therewith, so long as the same does not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Notwithstanding anything to the contrary set forth in this Lease, the separate ownership of any buildings and/or Common Area by an entity other than Landlord shall not affect the calculation of Operating Costs, Insurance Costs or Taxes or Tenant’s payment of Tenant’s Share of any Operating Costs, Insurance Costs or Taxes.Future