Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, shall have the right, but not the obligation, to enter upon the Leased Property to perform annual inspections of the Leased Property or more frequently as required under such Facility Mortgage to confirm that Tenant is performing all of Tenant's obligations under this Lease, and that Tenant has not violated any of its covenants under this Lease. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a). Within ten (10) Business Days of Tenant's receipt of such Inspection Report, Tenant shall either (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 6 contracts
Samples: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, shall have the right, but not the obligation, upon reasonable advance Notice to enter from time to time upon the Leased Property to perform annual inspections any or all of the Leased Properties to perform inspections (including, but not limited to, sampling) of such Leased Property or more frequently as required under such Facility Mortgage Leased Properties to confirm that Tenant is performing all of Tenant's obligations under this Lease, and that Tenant has not violated any of its covenants under this LeaseLease and that the Leased Property is in compliance with the applicable Facility Mortgage. Landlord shall use reasonable efforts to minimize any disturbance to Tenant or any resident or occupant of the applicable Leased Property (or Leased Properties) as a result of any such entry by Landlord, its agents or representatives. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a). Within ten (10) Business Days of after Tenant's receipt of such Inspection Report, Tenant shall either (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform commence any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if whether the work outlined in the Inspection Report should be performed by is necessary to put the applicable Leased Property in good condition and repair, ordinary wear and tear excepted (but subject to Tenant's covenants under clauses (ii) and (iii) of Paragraph 8(a) and otherwise in compliance with this Lease). Such determination shall be final and binding on Landlord and Tenant. Notwithstanding anything to the contrary contained in this Paragraph 13(b), all inspections shall occur at reasonable times during normal business hours and shall be conducted in a manner aimed to minimize the disturbance or interference with (x) Tenant's and Manager's use and operation of the applicable Facility and (y) the residents' and occupants' use of the applicable Facility, and the scope of such inspections shall be limited by (A) any security, health, safety or confidentiality requirements of any Governmental Agency or imposed by applicable law or regulations and (B) Tenant's ordinary business practices and standard residency agreements, if any, requiring Tenant to maintain the confidential nature of certain personal information relating to individual residents living in the applicable Facility.
Appears in 3 contracts
Samples: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Provident Senior Living Trust)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, shall have the right, but not the obligation, to enter upon the Leased Property to perform annual inspections (including, but not limited to, sampling) of the Leased Property or more frequently as required under such Facility Mortgage to confirm that Tenant is performing all of Tenant's obligations under this Lease, and that Tenant has not violated any of its covenants under this LeaseLease and that the Leased Property is in compliance with the terms of the Facility Mortgage. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a). Within ten (10) Business Days of after Tenant's receipt of such Inspection Report, Tenant shall either (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform commence any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if whether the work outlined in the Inspection Report should be performed by is necessary to put the Leased Property in good condition and repair, ordinary wear and tear excepted (but subject to Tenant's covenants under clauses (ii) and (iii) of Paragraph 8(a) and otherwise in compliance with this Lease). Such determination shall be final and binding on Landlord and Tenant. Notwithstanding anything to the contrary contained in this Paragraph 13(b), all inspections shall occur at reasonable times during normal business hours and shall be conducted in a manner aimed to minimize the disturbance or interference with (x) Tenant's and Manager's use and operation of the Facility and (y) the residents' and occupants' use of the Facility, and the scope of such inspections shall be limited by (A) any security, health, safety or confidentiality requirements of any Governmental Agency or imposed by applicable law or regulations and (B) Tenant's ordinary business practices and standard resident agreements, if any, requiring Tenant to maintain the confidential nature of certain personal information relating to individual residents living in the Facility.
Appears in 2 contracts
Samples: Property Lease Agreement (Provident Senior Living Trust), Property Lease Agreement (Brookdale Senior Living Inc.)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, representatives ---------------------- shall have the right, but not the obligation, to enter upon the Leased Property Premises to perform annual inspections of the Leased Property or more frequently as required under such Facility Mortgage Premises to confirm that Tenant is performing all of Tenant's obligations under this Lease, including, but not limited to, Tenant's obligations under Paragraph 7 and that Tenant has not violated any of its covenants under this Lease, including, but not limited to, the covenants under this Paragraph 12. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a)hereunder. Within ten (10) Business Days days of Tenant's receipt of such Inspection Report, Tenant shall either either: (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, representatives shall have the right, but not the obligation, to enter upon the Leased Property Premises to perform annual inspections of the Leased Property or more frequently as required under such Facility Mortgage Premises to confirm that Tenant is performing all of Tenant's obligations under this Lease, including but not limited to, Tenant's obligations under PARAGRAPH 7 and that Tenant has not violated any of its covenants under this Lease, including, but not limited to the covenants under PARAGRAPH 12. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection ReportINSPECTION REPORT") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a)hereunder. Within ten (10) Business Days days of Tenant's receipt of such Inspection Report, Tenant shall either either: (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Sonic Automotive Inc)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, representatives shall have the right, but not the obligation, to enter upon the Leased Property Premises to perform annual inspections of the Leased Property or more frequently as required under such Facility Mortgage Premises to confirm that Tenant is performing all of Tenant's obligations under this Lease, including but not limited to, Tenant's obligations under Paragraph 7 and that Tenant has not violated any of its covenants under this Lease, including, but not limited to the covenants under Paragraph 12. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a)hereunder. Within ten (10) Business Days days of Tenant's receipt of such Inspection Report, Tenant shall either either: (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 1 contract
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, representatives shall have the right, but not the obligation, to enter upon the Leased Property Premises to perform annual inspections of the Leased Property or more frequently as required under such Facility Mortgage Premises to confirm that Tenant is performing all of Tenant's ’s obligations under this Lease, including, but not limited to, Tenant’s obligations under Paragraph 7, and that Tenant has not violated any of its covenants under this Lease, including, but not limited to, the covenants under this paragraph 12. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("“Inspection Report"”) outlining certain defaults, if any, in Tenant's ’s obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a)hereunder. Within ten (10) Business Days days of Tenant's ’s receipt of such Inspection Report, Tenant shall either either: (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days days of Landlord's ’s receipt of Tenant's ’s objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 1 contract
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, shall have the right, but not the obligation, upon reasonable advance Notice to enter from time to time upon the Leased Property to perform annual inspections any or all of the Leased Properties to perform inspections (including, but not limited to, sampling) of such Leased Property or more frequently as required under such Facility Mortgage Leased Properties to confirm that Tenant is performing all of Tenant's obligations under this Lease, and that Tenant has not violated any of its covenants under this LeaseLease and that the Leased Property is in compliance with the applicable Facility Mortgage. Landlord shall use reasonable efforts to minimize any disturbance to Tenant or any resident or occupant of the applicable Leased Property (or Leased Properties) as a result of any such entry by Landlord, its agents or representatives. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection Report") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a8
(a). Within ten (10) Business Days of after Tenant's receipt of such Inspection Report, Tenant shall either (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform commence any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if whether the work outlined in the Inspection Report should be performed by is necessary to put the applicable Leased Property in good condition and repair, ordinary wear and tear excepted (but subject to Tenant's covenants under clauses (ii) and (iii) of Paragraph 8(a) and otherwise in compliance with this Lease). Such determination shall be final and binding on Landlord and Tenant. Notwithstanding anything to the contrary contained in this Paragraph 13(b), all inspections shall occur at reasonable times during normal business hours and shall be conducted in a manner aimed to minimize the disturbance or interference with (x) Tenant's and Manager's use and operation of the applicable Facility and (y) the residents' and occupants' use of the applicable Facility, and the scope of such inspections shall be limited by (A) any security, health, safety or confidentiality requirements of any Governmental Agency or imposed by applicable law or regulations and (B) Tenant's ordinary business practices and standard residency agreements, if any, requiring Tenant to maintain the confidential nature of certain personal information relating to individual residents living in the applicable Facility.
Appears in 1 contract
Samples: Property Lease Agreement (Brookdale Senior Living Inc.)
Landlord's Inspections. Landlord, its agents or representatives, including any applicable Facility Mortgagee, representatives shall have the right, but not the obligation, to enter upon the Leased Property Premises to perform annual inspections of the Leased ________________________________________________________________________________ Lease Agreement Property or more frequently as required under such Facility Mortgage Name Tenant Name City, State 7 Premises to confirm that Tenant is performing all of Tenant's obligations under this Lease, including but not limited to, Tenant's obligations under PARAGRAPH 7 and that Tenant has not violated any of its covenants under this Lease, including, but not limited to the covenants under PARAGRAPH 12. Upon completion of such inspection, Landlord may deliver to Tenant a written report ("Inspection ReportINSPECTION REPORT") outlining certain defaults, if any, in Tenant's obligations under clause (i) of Paragraph 7(b), Paragraph 7(c) or Paragraph 8(a)hereunder. Within ten (10) Business Days days of Tenant's receipt of such Inspection Report, Tenant shall either either: (i) unless prohibited by the terms of the Facility Mortgage, object to Landlord in writing as to any portion of the Inspection Report, specifically describing such objection; or (ii) begin to perform any and all required work outlined in the Inspection Report which Tenant has not objected to, and diligently complete such work. If Tenant objects to any item in the Inspection Report, then within ten (10) Business Days days of Landlord's receipt of Tenant's objection notice, both Landlord and Tenant shall select a third party licensed engineer mutually satisfactory to Landlord and Tenant or if a single engineer cannot be agreed upon, then Landlord and Tenant shall each, at their own cost, select a licensed engineer and the two chosen engineers shall select a third licensed engineer, the cost of the third engineer being paid equally by Landlord and Tenant. The engineer(s) shall determine, by majority vote, if the work outlined in the Inspection Report should be performed by Tenant. Such determination shall be final and binding on Landlord and Tenant.
Appears in 1 contract