Common use of Non-Capital Additions Clause in Contracts

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 4 contracts

Samples: Facility Lease Agreement (Carematrix Corp), 103 Facility Lease Agreement (Carematrix Corp), 102 Facility Lease Agreement (Carematrix Corp)

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Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.113.1.3, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed. Any such addition, modification and improvement which affects the structure of any of the Leased Improvements which is not a Capital Addition or Material Structural Work shall be exempt from the requirements of Section 9.2 hereof.

Appears in 3 contracts

Samples: Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00)) in any consecutive twelve (12) month period, shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 3 contracts

Samples: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY ONE HUNDRED THOUSAND DOLLARS ($50,000.00100,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 2 contracts

Samples: 12 Facility Lease Agreement (Arv Assisted Living Inc), Facility Lease Agreement (Carematrix Corp)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY TWENTY-FIVE THOUSAND DOLLARS ($50,000.0025,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 2 contracts

Samples: Development and Turnkey Services Agreement (Standish Care Co), Development Agreement (Standish Care Co)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 1 contract

Samples: Facility Lease Agreement (Carematrix Corp)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements replaceme.nts and alterations which are not not. Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy satisfv the a conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property of which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any ofany such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall thereofshall be included under the terms of this ofthis Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.11 i. I. i, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the durina w.hich Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to 42 address such emergency without the Lessor's prior approval, as long as the Lessee immediately immediately_ thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining remaining: work to be completed. Any such addition, modification and improvement which affects the structure ofany ofthe Leased Improvements which is not a Capital Addition or Material Structural Work shall be etempt from the requirements of Section 9.? hereof. . 9.6

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND and NO/100 DOLLARS ($50,000.00)) in any consecutive twelve (12) month period, shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.113.1.3, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.. Any such addition, modification and improvement which affects the structure if all of the Leased Improvements which is not a Capital Addition or Material Structural Work shall be exempt from the requirements of Section 9.2 hereof. 9.6

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.113.1.3, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee Xxxxxx immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed. Any such addition, modification and improvement which affects the structure of any of the Leased Improvements which is not a Capital Addition or Material Structural Work shall be exempt from the requirements of Section 9.2 hereof.

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

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Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this ofthis Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any ofany such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall thereofshall be included under the terms of this ofthis Lease and become a part of the ofthe Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the ofthe Leased Improvements, or which involve the expenditure of more ofmore than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.113.1.3, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications modifcations and improvements performed and obtains the Lessor's approval of the ofthe remaining work to be completed.43

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.113.1.3, all applicable Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.obtains

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY TWENTY-FIVE THOUSAND DOLLARS ($50,000.0025,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 1 contract

Samples: Facility Lease Agreement (Balanced Care Corp)

Non-Capital Additions. The Lessee shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this Lease, but in so doing, the Lessee shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and Section 9.4, mutatis, mutandis. The Lessee shall have the right, from time to time, to make additions, modifications or improvements to the Leased Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 and Section 9.4. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be he paid by the Lessee and the results thereof shall be included under the terms of this Lease and become a part of the Leased Property, without payment therefor by the Lessor at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY TWENTY-FIVE THOUSAND DOLLARS ($50,000.0025,000.00), shall be undertaken only upon compliance with the provisions of Section 13.1, all Legal Requirements and all other applicable requirements of this Lease; provided, however, that in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the Lessor's prior approval, as long as the Lessee immediately thereafter advises the Lessor of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the Lessor's approval of the remaining work to be completed.

Appears in 1 contract

Samples: Management Agreement (Capital Senior Living Corp)

Non-Capital Additions. The Lessee Borrower shall have the obligation and right to make repairs, replacements and alterations which are not Capital Additions as required by the other Sections of this LeaseLoan Agreement, but in so doing, the Lessee Borrower shall always comply with and satisfy the conditions of Sections 9.2.1, 9.2.5 and 9.4, mutatis, mutandisSection 6.26. The Lessee Borrower shall have the right, from time to time, to make additions, modifications or improvements to the Leased Mortgaged Property which do not constitute Capital Additions or Material Structural Work as it may deem to be desirable or necessary for its uses and purposes, subject to the same limits and conditions imposed under Sections 9.2.1, 9.2.5 6.25 and 9.46.26. The cost of any such repair, replacement, alteration, addition, modification or improvement shall be paid by the Lessee Borrower and the results thereof shall be included under the terms of this Lease the Mortgage and become a part of the Leased Mortgaged Property, without payment therefor by the Lessor Lender at any time. Notwithstanding the foregoing, all such additions, modifications and improvements which affect the structure of any of the Leased Improvements, or which involve the expenditure of more than FIFTY THOUSAND DOLLARS ($50,000.00), shall be undertaken only upon compliance with the provisions of Section 13.16.26, all applicable Legal Requirements and all other applicable requirements of this LeaseLoan Agreement; provided, however, that in the event of a bona fide emergency during which the Lessee Borrower is unable to contact the appropriate representatives of the LessorLender, the Lessee Borrower may commence such additions, modifications and improvements as may be necessary in order to address such emergency without the LessorLender's prior approval, as long as the Lessee Borrower immediately thereafter 44 advises the Lessor Lender of such emergency and the nature and scope of the additions, modifications and improvements performed and obtains the LessorLender's approval of the remaining work to be completed. Any such addition, modification and improvement which affects the structure of any of the Mortgaged Improvements which is not a Capital Addition or Material Structural Work shall be exempt from the requirements of Section 6.26 hereof.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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