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Common use of Lease Rate Clause in Contracts

Lease Rate. Effective as of the Renewal Date, a single Lease Rate will be computed equal to the Renewal Rate. The Renewal Rate for each Renewal Term shall be greater of [i] the sum of [a] the Lease Rate in effect during the then current Lease Year plus [b] the Increaser Rate, or [ii] the fair market rental lease rate for the Facility as determined according to the provisions of this section. Landlord and Tenant shall attempt to determine the fair market rental lease rate for the Facility by mutual agreement 90 days prior to the expiration date for the then current Term. If the parties do not agree on such lease rate within a 15 day period, appraisers shall be chosen as provided in Section 13.3.2 to determine the fair market rental lease rate. The appraisers shall be instructed to appraise the fair market value lease rate as an operating lease rate for a health care facility of the same type as the Facility and shall take into account the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilities. The appraised rates submitted by the three appraisers shall be ranked from highest to lowest, the rate (highest or lowest) which is furthest from the middle rate shall be discarded, and the remaining two appraised rates shall be averaged to arrive at the fair market rental lease rate.

Appears in 1 contract

Samples: Master Lease Agreement (Balanced Care Corp)

Lease Rate. Effective as of the each Renewal Date, a single Lease Rate will be computed equal to the Renewal Rate. The Renewal Rate for each Renewal Term shall be greater of [i] the sum of [a] the Lease Rate in effect during the then current Lease Year plus [b] the Increaser Rate, or [ii] the fair market rental value lease rate for the Facility this type of lease as determined according to in accordance with the provisions of this sectionfollowing provisions. Landlord and Tenant The parties shall attempt to determine the fair market rental value lease rate for the Facility by mutual agreement 90 within 15 days prior to after the expiration date for Tenant gives the then current TermRenewal Notice. If the parties do not agree on such lease rate within a the 15 day period, appraisers the appraisal procedure set forth in Section 13.3 shall be chosen as provided in Section 13.3.2 to determine the fair market rental lease rateused. The appraisers shall be instructed to appraise the fair market value lease rate as an operating a financing lease rate for a health care facility of the same type as the Facility and shall take into account the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilitiesFacility. The appraised rates submitted by the three appraisers shall be ranked from highest to lowest, the rate (highest or lowest) which is furthest from the middle rate shall be discarded, and the remaining two appraised rates shall be averaged to arrive at the fair market rental appraised lease rate. The Renewal Rate shall be the appraised lease rate provided, however, that Landlord shall not be obligated to renew this Lease at a Renewal Rate less than the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilities.

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Lease Rate. Effective as of the Renewal Date, a single Lease Rate will be computed equal to the Renewal Rate. The Renewal Rate for each the Renewal Term shall be greater of [i] the sum of [a] the Lease Rate in effect during the then current Lease Year plus [b] the Increaser Rate, or [ii] the fair market rental value lease rate for the Facility this type of lease as determined according to in accordance with the provisions of this sectionfollowing provisions. Landlord and Tenant The parties shall attempt to determine the fair market rental value lease rate for the Facility by mutual agreement 90 within 15 days prior to after the expiration date for Tenant gives the then current TermRenewal Notice. If the parties do not agree on such lease rate within a the 15 day period, appraisers the appraisal procedure set forth in Section 12.2(d) shall be chosen as provided in Section 13.3.2 to determine the fair market rental lease rateused. The appraisers shall be instructed to appraise the fair market value lease rate as an operating a financing lease rate for a health care facility of the same type as the Facility and shall take into account the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilitiesFacility. The appraised rates submitted by the three appraisers shall be ranked from highest to lowest, the rate (highest or lowest) which is furthest from the middle rate shall be discarded, and the remaining two appraised rates shall be averaged to arrive at the fair market rental appraised lease rate. The Renewal Rate shall be the appraised lease rate provided, however, that Landlord shall not be obligated to renew this Lease at a Renewal Rate less than the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilities.

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Lease Rate. Effective as of the Renewal Date, a single Lease Rate will be computed equal to the Renewal Rate. The Renewal Rate for each Renewal Term shall be the greater of [i] the sum of [a] the Lease Rate in effect during the then current Lease Year plus [b] the Increaser Rate, or [ii] the fair market rental lease rate for the Facility as determined according to the provisions of this section. Landlord and Tenant shall attempt to determine the fair market rental lease rate for the Facility by mutual agreement 90 180 days prior to the expiration date for the then current Term. If the parties do not agree on such lease rate within a 15 day period, appraisers shall be chosen as provided in Section 13.3.2 to determine the fair market rental lease rate. The appraisers shall be instructed to appraise the fair market value lease rate as an operating a financing lease rate for a health care facility of the same type as the Facility and shall take into account the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilities. The appraised rates submitted by the three appraisers shall be ranked from highest to lowest, the rate (highest or lowest) which is furthest from the middle rate shall be discarded, and the remaining two appraised rates shall be averaged to arrive at the fair market rental lease rate.

Appears in 1 contract

Samples: Lease Agreement (Balanced Care Corp)

Lease Rate. Effective as of the Renewal Date, a single Lease Rate will be computed equal to the Renewal Rate. The Renewal Rate for each Renewal Term shall be the greater of [i] the sum of [a] the Lease Rate in effect during the then current Lease Year plus [b] the Increaser Rate, or [ii] the fair market rental lease rate for the Facility as determined according to the provisions of this section. Landlord and Tenant shall attempt to determine the fair market rental lease rate for the Facility by mutual agreement 90 180 days prior to the expiration date for the then current Term. If the parties do not agree on such lease rate within a 15 day period, appraisers shall be chosen as provided in Section 13.3.2 ss.9.2.5 to determine the fair market rental lease rate. The appraisers shall be instructed to appraise the fair market value lease rate as an operating a financing lease rate for a health care facility of the same type as the Facility and shall take into account the lease rate then being charged by Landlord to tenants of comparable creditworthiness for comparable facilities. The appraised rates submitted by the three appraisers shall be ranked from highest to lowest, the rate (highest or lowest) which is furthest from the middle rate shall be discarded, and the remaining two appraised rates shall be averaged to arrive at the fair market rental lease rate.

Appears in 1 contract

Samples: Lease Agreement (Balanced Care Corp)