Common use of PRESERVATION OF GROSS REVENUES Clause in Contracts

PRESERVATION OF GROSS REVENUES. Lessee acknowledges that a fair return to Lessor on its investment in the Leased Property is dependent, in part, on the concentration of the Leased Property during the Term of the assisted living business of Lessee and its Affiliates in the geographical area of the Leased Property. Lessee further acknowledges that diversion of residents and/or patients, as applicable, from the Facility to other facilities or institutions owned, operated or managed, whether directly or indirectly, by Lessee or its Affiliates will have a material adverse impact on the value and utility of the Leased Property. Accordingly, Lessor and Lessee agree as follows: 7.3.1 During the Term neither Lessee nor any of its Affiliates, directly or indirectly, shall operate, own, manage or have any interest in or otherwise participate in or receive revenues from any other facility or institution providing services or similar goods to those provided in connection with the Facility and the Primary Intended Use, within a four (4) mile radius outward from the outside boundary of the Facility. All distances shall be measured on a straight line rather than on a driving distance basis. In the event that any portion of such other facility or institution is located within such restricted area, the entire facility or institution shall be deemed located within such restricted area. 7.3.2 During the Term, Lessee shall not recommend or solicit the removal or transfer of any resident or patient from any Facility to other facility or institution; provided however that the provisions of this Paragraph 7.3.2 shall not apply to removals or transfers required for medically appropriate reasons, or required during the period of reconstruction or restoration, if any, permitted after any casualty event pursuant to Article XIV below or after any Condemnation pursuant to Article XV below.

PRESERVATION OF GROSS REVENUES. Lessee acknowledges that a fair return to Lessor on its investment in the Leased Property is dependent, in part, on the concentration on each Facility of the Leased Property during the Term of the assisted living business of Lessee and its Affiliates in the geographical area of each Facility of the Leased Property. Lessee further acknowledges that diversion of residents and/or patients, as applicable, from the any Facility to other facilities or institutions owned, operated or managed, whether directly or indirectly, by Lessee or its Affiliates will have a material adverse impact on the value and utility of the Leased Property. Accordingly, Lessor and Lessee agree as follows: 7.3.1 During the Term neither Lessee nor any of its Affiliates, directly or indirectly, shall operate, own, manage or have any interest in or otherwise participate in or receive revenues from any other facility or institution providing services or similar goods to those provided in connection with the any Facility and the Primary Intended Use, within a four (4) mile radius outward from the outside boundary of each Facility (other than any other of the FacilityFacilities which may be located within such radius). All distances shall be measured on a straight line rather than on a driving distance basis. In the event that any portion of such other facility or institution is located within such restricted area, the entire facility or institution shall be deemed located within such restricted area. 7.3.2 During the Term, Lessee shall not recommend or solicit the removal or transfer of any resident or patient from any Facility to any other facility or institution; provided however that the provisions of this Paragraph 7.3.2 shall not apply to removals or transfers required for medically appropriate reasons, or required during the period of reconstruction or restoration, if any, permitted after any casualty event pursuant to Article XIV below or after any Condemnation pursuant to Article XV below.