Common use of Regulatory and Contractual Requirements Clause in Contracts

Regulatory and Contractual Requirements. Manager shall use its diligent, good faith efforts to cause all things to be done in and about the Facility as may be reasonably necessary to comply with Legal Requirements or the requirements of any Board of Fire Underwriters respecting the use of the Facility or the construction, maintenance, or operation thereof. Manager shall use its diligent, good faith efforts to obtain and maintain all permits, licenses and certificates required by any governmental authority for the ownership, use or operation of the Facility as a licensed assisted living facility providing personal care services in the State. Owner agrees upon request by Manager to sign promptly and without charge applications for licenses, permits or other instruments necessary for the ownership, use, operation and management of the Facility in accordance with Legal Requirements and this Agreement and to provide such information and perform such acts relative to the ownership of the Facility as are required by Legal Requirements in order for Manager to obtain and/or maintain any license, permit, instrument, certificate, certification or approval with respect to the ownership, use, operation and management of the Facility. Manager shall keep its corporate organization in good standing in the State and shall maintain all corporate permits and licenses required by the State. The parties understand and agree that certain deficiencies or situations of non-compliance with various Legal Requirements (such as building codes, the Occupational Safety and Health Act, the Americans with Disabilities Act, health care regulations and the like) are likely to occur from time to time in the normal course of business operations. Such occurrences will not constitute an independent breach or default of Manager hereunder, provided that, (i) they are not materially beyond the general experience of similar first-class assisted living operations located in the State in terms of scope, seriousness, or frequency, (ii) Manager takes all reasonable actions in a timely manner to cure such deficiencies or situations of non-compliance and (iii) they do not materially affect the operation of the Facility. The costs (including any fines for non-compliance) of curing such deficiencies or circumstances of non-compliance shall constitute Facility Expenses unless incurred by reason of Manager's willful failure, negligence or default hereunder, in which event the cost therefor shall be payable out of Manager's own funds.

Regulatory and Contractual Requirements. Manager shall use its diligent, good faith efforts to cause all things to be done in and about the Facility as may be reasonably necessary to comply with Legal Requirements or the requirements of any Board of Fire Underwriters governmental authority respecting the use of the Facility or the construction, maintenance, or operation thereof. Manager shall use its diligent, good faith efforts to obtain and maintain all permits, licenses and certificates required by any governmental authority for the ownership, use or and operation of the Facility as a licensed assisted senior living facility providing personal care services in the State. Owner agrees upon request by Manager to sign promptly and without charge applications for All licenses, permits permits, approvals and certifications should be in the name of Manager unless the governing entities require otherwise. In addition, Manager shall supervise and coordinate the preparation and filing of (and, where operators are required to do so under applicable law or regulation, shall file) all reports or other instruments necessary information required by any governmental agencies in the State having jurisdiction over the Facility and shall deliver copies of all such reports to Tenant prior to their filing. Manager shall cooperate with governmental inspection and enforcement activities. Manager shall notify Tenant of the requirement for changes to the ownership, use, operation physical structure of the Facility to comply with applicable laws and management of codes and Tenant shall be responsible for any mandated changes to bring the physical structure into compliance with the applicable laws and codes and to operate the Facility in accordance with Legal Requirements and this Agreement and to provide such information and perform such acts relative to the ownership of the Facility as are required by Legal Requirements in order for Manager to obtain and/or maintain any license, permit, instrument, certificate, certification or approval with respect to the ownership, use, operation and management of the Facility. Manager shall keep its corporate organization in good standing in the State and shall maintain all corporate permits and licenses required by the StateStandards. The parties understand and agree that certain non-material deficiencies or situations of non-material non-compliance with various Legal Requirements (such as building codes, the Occupational Safety and Health Act, the Americans with Disabilities Act, health care regulations and the like) are likely to occur from time to time in the normal course of business operations. Such occurrences will not constitute an independent breach or default of Manager hereunder, provided that, (i) they Manager continues to maintain the Facility in accordance with the Facility Standards and such breaches or defaults are not materially beyond inconsistent with the general experience of similar first-class assisted living operations located in the State in terms of scope, seriousness, or frequencyFacility Standards, (ii) Manager takes all reasonable actions in a timely manner to cure such deficiencies or situations of non-compliance and compliance, (iii) they do not materially affect the operation or cash flow of the Facility, and (iv) they do not present a material threat that the operation of the Facility will be shut down and do not present a material threat of liability or criminal charges to Tenant or any third parties. The costs (including any fines for non-compliancecompliance and any damages incurred by Tenant resulting therefrom) of curing such deficiencies or circumstances of non-compliance shall constitute Facility Expenses unless incurred by reason of Manager's ’s willful failure, gross negligence or default hereunder, in which event the cost therefor therefore shall be payable out of Manager's ’s own funds.

Regulatory and Contractual Requirements. Manager shall use its diligent, good faith efforts make diligent and commercially reasonable effort to cause all things to be done in and about the Facility as may be reasonably necessary to comply with Legal Requirements or the requirements of any Board Applicable Law or board of Fire Underwriters fire underwriters respecting the use of the Facility or the construction, maintenance, or operation thereof. Manager shall use its diligent, good faith efforts make a diligent and commercially reasonable effort to obtain and maintain all permitsFederal, State and local government permits and licenses needed for its management and certificates required by any governmental authority operation for the ownership, use or operation of the Facility as a licensed assisted living facility providing personal care services its Permitted Use in the State. Owner Tenant agrees upon request by Manager to sign promptly and promptly, without charge charge, applications for licenses, permits or other instruments necessary for the ownership, use, operation and management of the Facility in accordance with Legal Requirements and this Agreement and to provide such information and perform such acts relative to the ownership Ownership of the Facility as are required by Legal Requirements law, regulation or governmental practice in order for Manager (or Tenant, to the extent required by applicable Legal Requirements) to obtain and/or maintain any license, permit, instrument, certificate, certification or approval with respect to the ownership, use, proper operation and management of the Facility. Manager shall keep its corporate organization in good standing in the State and shall maintain all corporate permits and licenses required by the State. The parties understand and agree that certain deficiencies or situations of non-compliance noncompliance with various Legal Requirements (such as building codes, the Occupational Safety and Health ActOSHA, the Americans with Disabilities Act, health care regulations ADA and the like) are likely to occur from time to time in the normal course of business operations. Such occurrences will not constitute an independent a breach or default Event of Default of Manager hereunder, provided that, (i) they are not materially beyond the general experience of similar first-class assisted living facility operations located in the State in terms of scope, seriousness, or frequency, and (ii) Manager takes all reasonable actions in a timely manner to cure such deficiencies or situations of non-compliance and (iii) they do not materially affect the operation of the Facilitycompliance. The costs (including any fines for non-compliance) of curing such deficiencies or circumstances of non-compliance shall constitute Facility Expenses unless incurred by reason of Manager's ’s willful failure, gross negligence or default Event of Default hereunder, in which event the cost therefor shall be payable out of Manager's own funds.

Regulatory and Contractual Requirements. Manager Consultant shall use its diligent, good faith best efforts to assist Owner to cause all things to be done in and about the Facility as may be Facilities reasonably necessary to comply with Legal Requirements or the requirements of any Board applicable constitution, statute, ordinance, law, rule, regulation, or order of Fire Underwriters any governmental or quasi-governmental regulatory body or agency, or board of fire underwriters respecting the use of the Facility Facilities or the construction, maintenance, or operation thereof. Manager Consultant shall use its diligent, good faith best efforts to obtain assist Owner in obtaining and maintain maintaining all permitsFederal, State and county permits and licenses and certificates required by any governmental authority needed for the ownership, use or its operation of the Facility as a licensed assisted living facility facilities providing personal care services in the Stateservices. Owner agrees upon request by Manager Consultant to sign promptly and without charge applications for licenses, permits or other instruments necessary for the ownership, use, operation and management of the Facility in accordance with Legal Requirements and this Agreement Facilities and to provide such information and perform such acts relative to the ownership of the Facility Facilities as are required by Legal Requirements law, regulation or governmental practice in order for Manager to obtain obtaining and/or maintain maintaining any license, permit, instrument, certificate, certification or approval with respect to the ownership, use, proper operation and management of the Facility. Manager shall keep its corporate organization in good standing in the State and shall maintain all corporate permits and licenses required by the StateFacilities. The parties understand and agree that certain deficiencies or situations of non-compliance with various Legal Requirements (such as building codes, the Occupational Safety and Health ActOSHA, the Americans with Disabilities ActADA, health care regulations and the like) are likely to occur from time to time in the normal course of business operations. Such occurrences will not constitute an independent a breach or default of Manager Consultant hereunder, provided that, (i) they are not materially beyond the general experience of similar first-class assisted living Facilities operations located in the State in terms of scope, seriousness, or frequency, and (ii) Manager Consultant takes all reasonable actions in a timely manner to cure such deficiencies or situations of non-compliance and (iii) they do not materially affect the operation of the Facilitycompliance. The costs (including any fines for non-compliance) of curing such deficiencies or circumstances of non-compliance shall constitute Facility Operating Expenses unless incurred by reason of ManagerConsultant's willful failure, gross negligence or default hereunder, in which event the cost therefor shall be payable out of Manager's own funds.