Common use of Limited Extended Operation by Tenant Clause in Contracts

Limited Extended Operation by Tenant. In the event Landlord delivers a Transition Notice as to a particular Transition Property, Tenant shall thereafter operate the Facility(ies) located on such Transition Property in accordance with all of the requirements of this Lease until the earliest to occur of (i) the date (on or after the expiration of this Lease as to such Transition Property and Facility(ies)) on which Landlord or Successor Operator, as applicable, will assume the operation of such Facility(ies), as specified in a written notice from Landlord to Tenant given not less than 15 days prior to the date of such assumption; (ii) the date that is 120 days after the Expiration Date applicable to such Transition Property and Facility(ies) (except that in connection with any Early Termination Event or any early dispossession of Tenant with respect to any Leased Property, such 120 day period shall not commence until Landlord delivers a Transition Notice as to the applicable Leased Property); (iii) the date (on or after the Expiration Date applicable to any Transition Property and Facility(ies)) that is 90 days after Tenant receives written notice from Landlord that, notwithstanding the foregoing, Tenant may commence the Facility Termination; on which earliest date, Tenant shall vacate the Leased Property in question and surrender possession thereof to Landlord in accordance with all of the applicable requirements of this Lease. Notwithstanding the foregoing provisions of this Section 37.3.3 to the contrary, in the case of the expiration of the Term of this Lease at its then scheduled Expiration Date (without regard to acceleration of the Expiration Date pursuant to Section 37.3.2) and the absence of any continuing Event of Default, Landlord shall not have the right to extend the Term beyond the Expiration Date. The terms of this Section 37 shall survive the expiration or sooner termination of this Lease (or, if applicable, Tenant’s right of possession).

Limited Extended Operation by Tenant. In the event Landlord delivers a Transition Notice as to a particular Transition Property, Tenant shall thereafter operate the Facility(ies) located on such Transition Property in accordance with all of the requirements of this Lease until the earliest to occur of (i) the date (on or after the expiration of this Lease as to such Transition Property and Facility(ies)) on which Landlord or Successor Operator, as applicable, will assume the operation of such Facility(ies), as specified in a written notice from Landlord to Tenant given not less than 15 fifteen (15) days prior to the date of such assumption; (ii) the date that is 120 one hundred twenty (120) days after the Expiration Date applicable to such Transition Property and Facility(ies) (except that in connection with any Early Termination Event or any early dispossession of Tenant with respect to any Leased Property, such 120 one hundred twenty (120) day period shall not commence until Landlord delivers a Transition Notice as to the applicable Leased Property); and (iii) the date (on or after the Expiration Date applicable to any Transition Property and Facility(ies)) that is 90 ninety (90) days after Tenant receives written notice from Landlord that, notwithstanding the foregoing, Tenant may commence the Facility Termination; , on which earliest date, Tenant shall vacate the Leased Property in question and surrender possession thereof to Landlord in accordance with all of the applicable requirements of this Lease. Notwithstanding In the foregoing provisions event Landlord sends Tenant a Transition Notice with respect to a Leased Property as to which this Lease has terminated as of this Section 37.3.3 the Expiration Date applicable to the contrarysuch Leased Property (e.g., not in the case of an Early Termination Event or early dispossession of Tenant), and, as a result thereof, Tenant operates a Facility(ies) beyond the aforesaid Expiration Date applicable to such Leased Property, then, from and after the expiration of the Term of this Lease at its then scheduled Expiration Date (without regard as to acceleration such Leased Property and until the earliest to occur of the Expiration Date pursuant to Section 37.3.2dates described in clauses (i), (ii) and (iii) above relative to such Leased Property (the absence “Reimbursement Period”), (x) Landlord shall provide Tenant with an operating budget, (y) Landlord shall include in the aforesaid operating budget, and Tenant shall continue to pay during the Reimbursement Period, all Rent that would have been owing under this Lease as to such Leased Property if this Lease had not expired as to such Leased Property, and (z) Landlord shall reimburse Tenant for any operating deficits with respect to such Leased Property that Tenant may be required to fund out-of-pocket on account of operating losses and expenses of such Leased Property incurred by Tenant by reason of, or arising out of compliance with, such budget with respect to the Reimbursement Period applicable to such Leased Property. Any such reimbursement shall be due from Landlord to Tenant within thirty (30) days after written request by Tenant, provided that Tenant shall furnish such documentation of any continuing Event of Defaultoperating deficits, losses and expenses as Landlord shall not have the right to extend the Term beyond the Expiration Datemay reasonably request. The terms of this Section 37 shall survive the expiration or sooner termination of this Lease (or, if applicable, Tenant’s right of possession)Lease.

Limited Extended Operation by Tenant. In the event Landlord delivers a Transition Notice as to a particular Transition Property, Tenant shall thereafter operate the Facility(ies) located on such Transition Property in accordance with all of the requirements of this Lease until the earliest to occur of (i) the date (on or after the expiration of this Lease as to such Transition Property and Facility(ies)) on which Landlord or Successor Operator, as applicable, will assume the operation of such Facility(ies), as specified in a written notice from Landlord to Tenant given not less than 15 fifteen (15) days prior to the date of such assumption; (ii) the date that is 120 one hundred twenty (120) days after the Expiration Date applicable to such Transition Property and Facility(ies) (except that in connection with any Early Termination Event or any early dispossession of Tenant with respect to any Leased Property, such 120 one hundred twenty (120) day period shall not commence until Landlord delivers a Transition Notice as to the applicable Leased Property); and (iii) the date (on or after the Expiration Date applicable to any Transition Property and Facility(ies)) that is 90 ninety (90) days after Tenant receives written notice from Landlord that, notwithstanding the foregoing, Tenant may commence the Facility Termination; , on which earliest date, Tenant shall vacate the Leased Property in question and surrender possession thereof to Landlord in accordance with all of the applicable requirements of this Lease. Notwithstanding In the foregoing provisions event Landlord sends Tenant a Transition Notice with respect to a Leased Property as to which this Lease has terminated as of this Section 37.3.3 the Expiration Date applicable to the contrary, such Leased Property (e.g. not in the case of an Early Termination Event or early dispossession of Tenant), and, as a result thereof, Tenant operates a Facility(ies) beyond the aforesaid Expiration Date applicable to such Leased Property, then, from and after the expiration of the Term of this Lease at its then scheduled Expiration Date (without regard as to acceleration such Leased Property and until the earliest to occur of the Expiration Date pursuant to Section 37.3.2dates described in clauses (i), (ii) and (iii) above relative to such Leased Property (the absence “Reimbursement Period”), (x) Landlord shall provide Tenant with an operating budget, (y) Landlord shall include in the aforesaid operating budget, and Tenant shall continue to pay during the Reimbursement Period, all Rent that would have been owing under this Lease as to such Leased Property if this Lease had not expired as to such Leased Property, and (z) Landlord shall reimburse Tenant for any operating deficits with respect to such Leased Property that Tenant may be required to fund out-of-pocket on account of operating losses and expenses of such Leased Property incurred by Tenant by reason of, or arising out of compliance with, such budget with respect to the Reimbursement Period applicable to such Leased Property. Any such reimbursement shall be due from Landlord to Tenant within thirty (30) days after written request by Tenant, provided that Tenant shall furnish such documentation of any continuing Event of Defaultoperating deficits, losses and expenses as Landlord shall not have the right to extend the Term beyond the Expiration Datemay reasonably request. The terms of this Section 37 shall survive the expiration or sooner termination of this Lease (or, if applicable, Tenant’s right of possession)Lease.

Limited Extended Operation by Tenant. In the event Landlord delivers a Transition Notice as to a particular Transition Property, Tenant shall thereafter operate the Facility(ies) located on such Transition Property in accordance with all of the requirements of this Lease until the earliest to occur of (i) the date (on or after the expiration of this Lease as to such Transition Property and Facility(ies)) on which Landlord or Successor Operator, as applicable, will assume the operation of such Facility(ies), as specified in a written notice from Landlord to Tenant given not less than 15 sixty (60) days prior to the date of such assumption; (ii) the date that is 120 one hundred twenty (120) days after the Expiration Date applicable to such Transition Property and Facility(ies) (except that in connection with any Early Termination Event or any early dispossession of Tenant with respect to any Leased Property, such 120 one hundred twenty (120) day period shall not commence until Landlord delivers a Transition Notice as to the applicable Leased Property); and (iii) the date (on or after the Expiration Date applicable to any Transition Property and Facility(ies)) that is 90 ninety (90) days after Tenant receives written notice from Landlord that, notwithstanding the foregoing, Tenant may commence the Facility Termination; , on which earliest date, Tenant shall vacate the Leased Property in question and surrender possession thereof to Landlord in accordance with all of the applicable requirements of this Lease. Notwithstanding In the foregoing provisions event Landlord sends Tenant a Transition Notice with respect to a Leased Property as to which this Lease has terminated as of this Section 37.3.3 the Expiration Date applicable to the contrary, such Leased Property (e.g.. not in the case of an Early Termination Event or early dispossession of Tenant), and, as a result thereof, Tenant operates a Facility(ies) beyond the aforesaid Expiration Date applicable to such Leased Property, then, from and after the expiration of the Term of this Lease at its then scheduled Expiration Date (without regard as to acceleration such Leased Property and until the earliest to occur of the Expiration Date pursuant to Section 37.3.2dates described in clauses (i), (ii) and (iii) above relative to such Leased Property (the absence “Reimbursement Period”), (x) Landlord shall provide Tenant with an operating budget, (y) Landlord shall include in the aforesaid operating budget, and Tenant shall continue to pay during the Reimbursement Period, all Rent that would have been owing under this Lease as to such Leased Property if this Lease had not expired as to such Leased Property, and (z) Landlord shall reimburse Tenant for any operating deficits with respect to such Leased Property that Tenant may be required to fund out-of-pocket on account of operating losses and expenses of such Leased Property incurred by Tenant by reason of, or arising out of compliance with, such budget with respect to the Reimbursement Period applicable to such Leased Property. Any such reimbursement shall be due from Landlord to Tenant within thirty (30) days after written request by Tenant, provided that Tenant shall furnish such documentation of any continuing Event of Defaultoperating deficits, losses and expenses as Landlord shall not have the right to extend the Term beyond the Expiration Datemay reasonably request. The terms of this Section 37 shall survive the expiration or sooner termination of this Lease (or, if applicable, Tenant’s right of possession)Lease.