Common use of OWNERSHIP AND FINANCING LIMITATIONS Clause in Contracts

OWNERSHIP AND FINANCING LIMITATIONS. At no time during the term of this Agreement, may the Company or any of its subsidiaries, directly or indirectly, own or finance (including sale and leaseback transactions), or participate in the ownership or financing of, any real estate property (collectively, the "Properties") of a type then owned or financed by Senior Housing, HRPT Properties Trust, Hospitality Properties Trust or any other publicly owned real estate investment trust, corporation or other entity that is managed by RMR (a "Benefited Party"); provided that if the Company or any of its subsidiaries proposes to enter into any transaction involving the ownership or financing of a Property prohibited by this subparagraph 6.1 ("Proposed Transaction"), it shall provide notice of the Proposed Transaction to the relevant Benefited Party describing the Proposed Transaction in sufficient detail and offer the relevant Benefited Party the right to acquire or finance the acquisition of the Property and negotiate in good faith with the relevant Benefited Party. If, after ten (10) business days, the Company and the relevant Benefited Party have not reached agreement on the terms of the acquisition or financing, the Company (or any subsidiary of the Company) shall be free to acquire or finance such Property itself or with others, free of the restrictions of this subparagraph 6. 1. The Company agrees that irreparable damage would occur if any of the provisions of this subparagraph 6.1 were not performed in accordance with their terms and that the Benefited Parties' remedy at law for the Company or its subsidiaries' breach of its obligations under this subparagraph 6.1 would be inadequate. Upon any such breach, the relevant Benefited Party shall be entitled (in addition to any other rights or remedies it may have at law) to seek an injunction enjoining and restraining the Company or such subsidiaries from continuing such breach. The Company agrees that the period of restriction and the geographical area of restriction imposed upon the Company are fair and reasonable. If the provisions of this subparagraph 6.1 relating to the period or the area of restriction are determined to exceed the maximum period or areas which a court having jurisdiction over the matter would deem enforceable, such period or area shall, for purposes of this Agreement, be deemed to be the maximum period or area which such court determines valid and enforceable.

OWNERSHIP AND FINANCING LIMITATIONS. At no time during the term of this Agreement, may the Company or any of its subsidiaries, directly or indirectly, own make any investment in or finance (including sale and leaseback transactions), or participate in the ownership investment and or financing of, any real estate property (collectively, the "“Properties"”) of a type then owned or financed by CommonWealth REIT, Hospitality Properties Trust, TravelCenters of America LLC, Government Properties Income Trust, Select Income REIT or their respective subsidiaries, Senior Housing, HRPT Properties Trust, Hospitality Properties Trust or any other publicly owned real estate investment trust, corporation or other entity that is managed by RMR (a "“Benefited Party"); provided that if ”) unless in accordance with this subparagraph 7. 1. If the Company or any of its subsidiaries proposes to enter into any transaction involving the ownership investment in or financing of a Property otherwise prohibited by this subparagraph 6.1 7.1 ("“Proposed Transaction"”), it shall provide notice of the Proposed Transaction to the relevant Benefited Party describing the Proposed Transaction in sufficient detail and offer the relevant Benefited Party the right to acquire invest in or finance the acquisition of the Property and negotiate in good faith with the relevant Benefited Party. If, after ten (10) business days, the Company and the relevant Benefited Party have not reached agreement on the terms of the acquisition investment or financing, the Company (or any subsidiary of the Company) shall be free to acquire invest in or finance such Property itself or with others, free of the restrictions provided in the first sentence of this subparagraph 6. 17.1. The Company agrees that irreparable damage would occur if any of the provisions of this subparagraph 6.1 7.1 were not performed in accordance with their terms and that RMR’s and the Benefited Parties' ’ remedy at law for the Company or its subsidiaries' ’ breach of its obligations under this subparagraph 6.1 7.1 would be inadequate. Upon any such breach, RMR or the relevant Benefited Party shall be entitled (in addition to any other rights or remedies it or they may have at law) to seek an injunction enjoining and restraining the Company or such subsidiaries from continuing such breach. The Company agrees that the period of restriction and the geographical area of restriction imposed upon the Company are fair and reasonable. If the provisions of this subparagraph 6.1 7.1 relating to the period or the area of restriction are determined to exceed the maximum period or areas which a court having jurisdiction over the matter would deem enforceable, such period or area shall, for purposes of this Agreement, be deemed to be the maximum period or area which such court determines valid and enforceable.

OWNERSHIP AND FINANCING LIMITATIONS. At no time during the term of this Agreement, may the Company or any of its subsidiaries, directly or indirectly, own make any investment in or finance (including sale and leaseback transactions), or participate in the ownership investment and or financing of, any real estate property (collectively, the "“Properties"”) of a type then owned or financed by Senior Housing, HRPT Properties Trust, Hospitality Properties Trust, TravelCenters of America LLC, Government Properties Income Trust or their respective subsidiaries, Senior Housing, or any other publicly owned real estate investment trust, corporation or other entity that is managed by RMR (a "“Benefited Party"); provided that if ”) unless in accordance with this subparagraph 7. 1. If the Company or any of its subsidiaries proposes to enter into any transaction involving the ownership investment in or financing of a Property otherwise prohibited by this subparagraph 6.1 7.1 ("“Proposed Transaction"”), it shall provide notice of the Proposed Transaction to the relevant Benefited Party describing the Proposed Transaction in sufficient detail and offer the relevant Benefited Party the right to acquire invest in or finance the acquisition of the Property and negotiate in good faith with the relevant Benefited Party. If, after ten (10) business days, the Company and the relevant Benefited Party have not reached agreement on the terms of the acquisition investment or financing, the Company (or any subsidiary of the Company) shall be free to acquire invest in or finance such Property itself or with others, free of the restrictions provided in the first sentence of this subparagraph 6. 17.1. The Company agrees that irreparable damage would occur if any of the provisions of this subparagraph 6.1 7.1 were not performed in accordance with their terms and that RMR’s and the Benefited Parties' ’ remedy at law for the Company or its subsidiaries' ’ breach of its obligations under this subparagraph 6.1 7.1 would be inadequate. Upon any such breach, RMR or the relevant Benefited Party shall be entitled (in addition to any other rights or remedies it or they may have at law) to seek an injunction enjoining and restraining the Company or such subsidiaries from continuing such breach. The Company agrees that the period of restriction and the geographical area of restriction imposed upon the Company are fair and reasonable. If the provisions of this subparagraph 6.1 7.1 relating to the period or the area of restriction are determined to exceed the maximum period or areas which a court having jurisdiction over the matter would deem enforceable, such period or area shall, for purposes of this Agreement, be deemed to be the maximum period or area which such court determines valid and enforceable.