Permitted Use; Qualified Care Clause Samples
The 'Permitted Use; Qualified Care' clause defines the specific ways in which a party is allowed to use a product, service, or property, typically restricting use to certain approved purposes and requiring that such use is conducted with appropriate skill or professional standards. For example, it may state that a leased medical device can only be operated by licensed professionals, or that software may only be used for internal business operations. This clause ensures that the subject matter is used safely and appropriately, minimizing misuse and reducing liability for the provider or owner.
Permitted Use; Qualified Care. Except in the event of casualty or a Taking as provided in Sections 18 and 19 below, Tenant shall continuously use and occupy the Facility during the Term as a licensed facility engaged in the Business described on Schedule 1 with not less than the applicable number of beds shown on Schedule 1, and for ancillary services relating thereto, which may include hospice, therapy, adult day care, home care and other healthcare services, but for no other purpose (collectively, the “Permitted Use”). Tenant shall provide care, treatment and services to all residents of the Facility in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Tenant agrees not to transfer, move or otherwise take action that reduces licensed bed complement of the Facility and Tenant agrees not to take any of the licensed beds out of service or move the beds to a different location.
Permitted Use; Qualified Care. Sublessee shall continuously use and occupy the Facility during the Term as a skilled nursing facility with not less than 113 beds and for ancillary services relating thereto, but for no other purpose. Sublessee shall provide care, treatment and services to all residents of the Facility in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Sublessee agrees not to transfer, move or otherwise take action that reduces licensed bed complement of the Facility and Sublessee agrees not to take any of the licensed beds out of service or move the beds to a different location.
Permitted Use; Qualified Care. Lessee shall continuously use and occupy the Facility during the Term as a skilled nursing facility with not less than the number of licensed beds set forth in the Recitals hereto and for ancillary services relating thereto, but for no other purpose. Lessee shall not be in default of the foregoing requirement at any time when Lessee is prevented from use or occupancy of the Facility due to the need to repair damage from a casualty, or during renovations by Lessee. Lessee shall provide care, treatment and services to all residents of the Facility in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Lessee and Lessor each agree not to transfer, move or otherwise take action that reduces licensed bed complement of the Facility and Lessee and Lessor each agree not to take any of the licensed beds out of service or move the beds to a different location.
Permitted Use; Qualified Care. (a) Tenant shall continuously use and occupy each Facility during the Term as a licensed facility engaged in the respective Business described on Schedule 1 with not less than the applicable number of beds shown on Schedule 1 (with respect to each Facility, the "Required Bed Count"), and for ancillary services relating thereto, but for no other purpose. Notwithstanding the foregoing, Tenant may permit at any one time the number of beds at no more that five (5) individual Facilities to be one (1) bed less than the Required Bed Count in such Facility. (b) Tenant shall not allow the average occupancy for any trailing three (3) month period (i) to be less than forty percent (40%) of the applicable number of beds shown on Schedule 1, for any two (2) individual Facilities at any time that the Coverage Ratio for the immediately preceding calendar quarter was less than 1.4:1.0, or (ii) to be less than sixty-five percent (65%) of the applicable number of beds shown on Schedule 1, for all Facilities on an aggregate basis. -10- (c) Provided that the Coverage Ratio for the immediately preceding calendar quarter was at least 1.00:1.00, in the event that of any non-compliance with the requirements of Section 7.1(b)(i), or in the event of any Loss of Licensure (as defined below) affecting any Facility, no Event of Default shall arise if, within five (5) days of Landlord's receipt of notice of such non-compliance or Loss of Licensure, as applicable, Tenant increases the Security Deposit and Collateral then held by Landlord by an amount equal to Two Hundred Thousand Dollars ($200,000) for each additional Facility with non-complying average occupancy and for each Facility subject to a Loss of Licensure, as applicable, which amounts shall be held by Landlord pursuant to Section 4 until Tenant has achieved compliance with the requirements of Section 7.1(b)(i) for two (2) consecutive trailing three (3) month periods or has completely remedied the Loss of Licensure, as applicable. Tenant's right under this Section 7.1(c) to cure or prevent any Event of Default from arising for non-compliance with the requirements of Section 7.1(b)(i) or for any Loss of Licensure shall terminate at such time as Tenant has exercised such right with respect to Facilities containing in the aggregate fifty-six (56) or more beds.
Permitted Use; Qualified Care. Tenant shall continuously use and occupy each Facility during the Term (a) for its Primary Intended Use and for ancillary services relating thereto, and (b) for no other purpose; provided, however, that a Facility may temporarily close as a result of a casualty loss, condemnation, temporary construction or conversion of licensed beds to a higher acuity category, in the case of each of the foregoing closure circumstances, so long as Tenant is in compliance with the requirements of the Lease applicable to such events.
Permitted Use; Qualified Care. Sublessee shall continuously use and occupy the Facilities during the Term as a skilled nursing facilities with not less than the number of licensed beds set forth in the Recitals hereto and for ancillary services relating thereto, but for no other purpose. Sublessee shall not be in default of the foregoing requirement at any time when Sublessee is prevented from use or occupancy of any of the Facilities due to the need to repair damage from a casualty, or during renovations by Sublessee. Sublessee shall provide care, treatment and services to all residents of the Facilities in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Sublessee agrees not to transfer, move or otherwise take action that reduces the licensed bed complement of the Facilities and Sublessee agrees not to take any of the licensed beds out of service or move the beds to a different location.
Permitted Use; Qualified Care. Tenant shall continuously use and occupy each Facility during the Term as a licensed facility engaged in the respective Business described on Schedule 1 with not less than the applicable number of beds or units shown on Schedule 1 (less any beds or units lost through a casualty or condemnation to the extent in compliance with Section 17 or 18 as applicable), and for ancillary services relating thereto, but for no other purpose. Tenant shall not allow the average occupancy for any trailing three (3) month period (a) of any individual Facility to be less than sixty-five percent (65%) of the applicable number of beds or units shown on Schedule 1 or (b) of all Facilities in the aggregate to be less than seventy-five percent (75%) of the aggregate number of beds and units shown on Schedule 1. Tenant shall provide care, treatment and services to all customers of each Facility and the Business conducted thereon in a manner consistent with all applicable laws.
Permitted Use; Qualified Care. Tenant shall continuously use and occupy the Facility during the Term as an assisted living and memory care facility with not less than 85 units and for ancillary services relating thereto, but for no other purpose. Tenant shall provide care, treatment and services to all residents of the Facility in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Tenant agrees not to transfer, move or otherwise take action that reduces licensed bed complement of the Facility and Tenant agrees not to take any of the licensed beds out of service or move the beds to a different location.
Permitted Use; Qualified Care. Lessee shall continuously use and occupy the Premises during the Term as a skilled nursing facility with not less than one hundred six (106) licensed beds and for ancillary services relating thereto, but for no other purpose. Lessee shall provide care, treatment and services to all residents of the Facility in a manner consistent with all applicable laws. Notwithstanding any common law or statutory right, Lessee agrees not to transfer, move or otherwise take action that reduces the licensed beds at the Facility and Lessee agrees not to take any of the licensed beds out of service or move the licensed beds to a different location. Lessor represents and warrants that Schedule 7.1 attached hereto sets forth a true, correct and complete list of the number and type of licensed beds at the Premises and whether such beds are Medicare and/or Medicaid certified. Lessee shall take no action to reduce or modify the number of beds for which the Premises are licensed.
Permitted Use; Qualified Care. Tenant shall continuously use and occupy the Facility during the Term as a licensed assisted living facility with not less than one hundred (100) units and for ancillary services relating thereto, but for no other purpose. Landlord acknowledges and agrees that Tenant shall have the right to (a) combine units at the Facility at the request of a resident or to provide for their use by multiple residents, and (b) reduce the licensed units at the Facility by no more than five (5) units (but not to exceed 5% of the total units at the Facility) in order to enable Tenant to operate special care units and/or to provide other ancillary services at the Facility; provided, however, in no event shall the total reductions in the Facility and Related Facilities exceed thirty (30) units. Tenant shall not allow the average occupancy of the Facility for any trailing three (3) month period to be less than sixty percent (60%). Tenant shall provide care, treatment and services to the residents of the Facility and the Business conducted thereon in a manner consistent with all applicable laws.