Permitted Subleases. Notwithstanding the foregoing, Tenant may enter into (i) third party residency agreements with respect to the individual residency units located at each of the Facilities, (ii) subleases for space at each of the Leased Properties for use as a bank, beauty salon, xxxxxx shop, laundry, commissary or healthcare purposes or other concessions and services in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) any sublease shall be for a term that will expire prior to the Expiration Date, and (iv) subject to Landlord's prior written approval as to the form of sublease agreement, the identity of the proposed tenant and the substance of such proposed sublease transaction (which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not reduce the number of units at the applicable Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (or cause any sublessee to maintain) such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained for comparable activities and uses at comparable properties.
Appears in 2 contracts
Samples: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)
Permitted Subleases. Notwithstanding After the foregoingearlier to occur of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraft, Tenant may provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the prior consent of Lessor, such consent not to be unreasonably withheld or delayed, enter into (i) third party residency agreements a Permitted Sublease with respect to the individual residency units located at each Aircraft to any Permitted Sublessee if:
(a) Lessee provides written notice to Lessor promptly after entering into any such Permitted Sublease; and
(b) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject and subordinate to all of the Facilitiesterms of this Lease, including the rights of Lessor to avoid such Permitted Sublease in the exercise of its rights to repossession of the Airframe and Engines hereunder and thereunder; (ii) subleases for space at each expressly prohibit any further subleasing of the Leased Properties for use as a bank, beauty salon, xxxxxx shop, laundry, commissary or healthcare purposes or other concessions Airframe and services in the ordinary course of business consistent with and ancillary to the Intended UseEngines; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) any sublease shall require that the Airframe and Engines be for maintained in accordance with a term that will expire prior to the Expiration Date, and Maintenance Program; (iv) subject limit the term of such Permitted Sublease (including renewal rights) to Landlord's prior written approval as to a period not beyond the form of sublease agreement, the identity end of the proposed tenant Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the substance limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of such proposed sublease transaction (which will not be unreasonably withheld), subleases with Manager the Aircraft that are the same in so-called "possessory interest" Facility State where use of a sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not reduce the number of units at all material respects as the applicable Facility provisions of this Lease; and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (or cause any sublessee to maintainvii) such additional require insurance coverage with respect to the activities to be conducted maintained to at least the same extent as set forth in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained for comparable activities and uses at comparable propertiesthis Lease.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)
Permitted Subleases. Notwithstanding the foregoing, Tenant may enter into (i) third party residency agreements with respect to the individual residency units located at each of the Facilities, (ii) subleases for space at each of the Leased Properties for use as a bank, beauty salon, xxxxxx barber shop, laundry, commissary or healthcare purposes or other concessions otxxx xxncessions and services in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) any sublease shall be for a term that will expire prior to the Expiration Date, and (iv) subject to Landlord's prior written approval as to the form of sublease agreement, the identity of the proposed tenant and the substance of such proposed sublease transaction (which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not reduce the number of units at the applicable Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (or cause any sublessee to maintain) such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained for comparable activities and uses at comparable properties.
Appears in 1 contract
Samples: Property Lease Agreement (Provident Senior Living Trust)
Permitted Subleases. Notwithstanding the foregoing, Tenant may enter into (i) third party residency agreements with respect to the individual residency units located at each of the Facilities, (ii) subleases for space at each of the Leased Properties for use as a bank, beauty salon, xxxxxx shop, laundry, commissary or healthcare purposes or other concessions and services in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) any sublease shall be for a term that will expire prior to the Expiration Date, and (iv) subject to Landlord's prior written approval as to the form of sublease agreement, the identity of the proposed tenant and the substance of such proposed sublease transaction (which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not reduce the number of units at the applicable Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (or cause any sublessee to maintain) such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained for comparable activities and uses at comparable properties. Any sublease permitted hereunder with respect to the Facility known as Wynwood Commons of Kenmore shall, notwithstanding the provisions of this Paragraph 15(c), remain subject to the requirements set forth in Paragraph 57.
Appears in 1 contract
Samples: Property Lease Agreement (Brookdale Senior Living Inc.)