Common use of No Mediation or Arbitration Clause in Contracts

No Mediation or Arbitration. Notwithstanding anything to --------------------------- the contrary set forth herein or in that certain Agreement and Plan of Reorganization dated as of April 30, 1998 by and between Ventas and Vencor Healthcare, Inc. ("1998 Plan of Reorganization"), (a) upon any Event of Default --------------------------- by Tenant, Lessor shall be entitled to proceed immediately to enforce its rights and remedies pursuant to this Article XVI and the other terms of this Lease, (b) ----------- neither any Event of Default, nor the rights and obligations of Tenant and Lessor under this Lease, shall be subject to mediation or arbitration of any kind, and (c) the provisions of Article VI of the 1998 Plan of Reorganization ---------- shall not apply to this Lease or any of the Combined Leases.

No Mediation or Arbitration. Notwithstanding anything to the --------------------------- the contrary set forth herein or in that certain Agreement and Plan of Reorganization dated as of April 30, 1998 by and between Ventas Ventas, Inc. (prior to April 30, 1998, known as Vencor, Inc.) and Vencor Kindred Healthcare, Inc. (from May 1, 1998 until April, 2001, known as Vencor, Inc.) ("1998 Plan of Reorganization"), (a) upon any Event of Default --------------------------- by Tenant, --------------------------- Lessor shall be entitled to proceed immediately to enforce its rights and remedies pursuant to this Article XVI and the other terms of this Lease, (b) ----------- neither any Event of Default, nor the rights and obligations of Tenant and Lessor under this Lease, shall be subject to mediation or arbitration of any kind, and (c) the provisions of Article VI of the 1998 Plan of Reorganization ---------- shall not apply to this Lease or any of the other Combined Leases.