Common use of REIT Protection Clause in Contracts

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement shall be interpreted consistent with this intent. (b) Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not without Landlord's advance written consent (which consent shall not be unreasonably withheld): (i) sublet, assign or enter into a management arrangement for the Leased Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: (A) the income or profits derived by the business activities of the subtenant, assignee or manager; or (B) any other formula such that any portion of any amount received by Landlord would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) sublet, assign or enter into a management arrangement for the Leased Property to any Person (other than a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code) of Landlord) in which Landlord owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iii) sublet, assign or enter into a management arrangement for the Leased Property in any other manner which could cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b) shall likewise apply to any further subleasing by any subtenant. (c) Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's status as a "real estate investment trust" (within the meaning of Section 856(a) of the Code); provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfer, (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice of any such assignment; and provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunder. (d) Anything contained in this Master Lease to the contrary notwithstanding, upon request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's possession or under Tenant's control and otherwise readily available to Tenant as shall be reasonably requested by Landlord in connection with verification of Landlord's "real estate investment trust" (within the meaning of Section 856(a) of the Code) compliance requirements. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder as long as such compliance does not (i) increase Tenant's monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's nonmonetary obligations under this Master Lease or (iii) materially diminish Tenant's rights under this Master Lease.

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent. (b) Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not without Landlord's ’s advance written consent (which consent shall not be unreasonably withheld): ) (i) sublet, assign or enter into a management arrangement for the Leased Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: (A) the income or profits derived by the business activities of the subtenant, assignee or manager; or (B) any other formula such that any portion of any amount received by Landlord would fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) furnish or render any services to the subtenant, assignee or manager or manage or operate the Leased Property so subleased, assigned or managed; (iii) sublet, assign or enter into a management arrangement for the Leased Property to any Person (other than a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code) of Landlord’s Parent) in which Landlord or Landlord’s Parent owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iiiiv) sublet, assign or enter into a management arrangement for the Leased Property in any other manner which could cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b) shall likewise apply to any further subleasing by any subtenant. (c) Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's ’s status as a "“real estate investment trust" ” (within the meaning of Section 856(a) of the Code); provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfer, transfer and (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice of any such assignment; and provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunder. (d) Anything contained in this Master Lease to the contrary notwithstanding, upon request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's ’s possession or under Tenant's ’s control and otherwise readily available to Tenant as shall be reasonably requested by Landlord in connection with verification of Landlord's "’s Parent’s “real estate investment trust" ” (within the meaning of Section 856(a) of the Code) compliance requirements. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder as long as such compliance does not (i) increase Tenant's ’s monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's ’s nonmonetary obligations under this Master Lease or (iii) materially diminish Tenant's ’s rights under this Master Lease.

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent. (b) A. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not not, without Landlord's ’s advance written consent (which consent shall not be unreasonably withheld): ) (i) sublet, assign or enter into a management arrangement for the Leased Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: (A) the income or profits derived by the business activities of the subtenant, assignee or manager; or (B) any other formula such that any portion of any amount received by Landlord would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) sublet, assign or enter into a management arrangement for the Leased Property Premises to any Person (other than a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code) of LandlordOSREC) in which Landlord or OSREC owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iiiii) sublet, assign or enter into a management arrangement for the Leased Property Premises in any other manner which if Tenant reasonably expects (acting in good faith) that such action could cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b) 47.A shall likewise apply to any further subleasing by any subtenant. (c) B. Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's ’s status as a "“real estate investment trust" ” (within the meaning of Section 856(a) of the Code); provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfer, transfer and (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice notice of any such assignment; and provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunder. (d) C. Anything contained in this Master Lease to the contrary notwithstanding, upon request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's ’s possession or under Tenant's ▇▇▇▇▇▇’s control and otherwise readily available to Tenant as shall be reasonably requested by Landlord in connection with verification of Landlord's "OSREC’s “real estate investment trust" ” (within the meaning of Section 856(a) of the Code) compliance requirements. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder as long as such compliance does not (i) increase Tenant's ’s monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's ’s nonmonetary obligations under this Master Lease or (iii) materially diminish Tenant's ’s rights under this Master LeaseLease (except to a de minimis extent). ▇. ▇▇▇▇▇▇ acknowledges that ▇▇▇▇▇▇▇▇’s direct or indirect parent intends to qualify as a “real estate investment trust” (within the meaning of Section 856(a) of the Code) (a “REIT”). ▇▇▇▇▇▇ agrees that it will not knowingly or intentionally take or omit to take any action, or permit any status or condition to exist at the Premises, which Tenant actually knows (acting in good faith) would or could result in the Rent payable under this Lease not qualifying as “rents from real property” within the meaning of Section 856(d) of the Code. Tenant shall have no responsibility under this Section 47 for any REIT-related aspects of any action (i) approved of in writing by Landlord or (ii) required under this Agreement or by applicable Law.

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement shall be interpreted consistent with this intent. (b) Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not without Landlord's advance written consent (which consent shall not be unreasonably withheld): (i) sublet, assign or enter into a management arrangement for the Leased Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: either (Ax) the income or profits derived by the business activities of the subtenant, assignee or manager; manager or (By) any other formula such that any portion of any amount received by Landlord would fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) furnish or render any services to the subtenant, assignee or manager or manage or operate the Leased Property so subleased, assigned or managed; (iii) sublet, assign or enter into a management arrangement for the Leased Property to any Person (other than a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code) subsidiary of Landlord) in which Tenant or Landlord owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iiiiv) sublet, assign or enter into a management arrangement for the Leased Property in any other manner which could cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b40.1(a) shall likewise apply to any further subleasing by any subtenant. (c) Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's ’s status as a "real estate investment trust" (within the meaning of Section 856(a) of the Code)REIT; provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfertransfer including, but not limited to, any requirements under any certificate of need or other health care law, rules or regulations and (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice notice of any such assignment; and and, provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunderhereunder including, but not limited to, its rights under Section 41.14 hereof. (d) Anything contained in this Master Lease to the contrary notwithstanding, upon request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's ’s possession or under Tenant's ’s control and otherwise readily available to Tenant as regarding the valuation of the Leased Property in order to assist Landlord in its determination that Rent allocable for purposes of Section 856 of the Code to the Landlord’s Personal Property at the beginning and end of a calendar year does not exceed 15% of the total Rent due hereunder (the “Personal Property REIT Requirement”); provided, however, that this provision shall not be reasonably requested interpreted to relieve Tenant from its obligations under Section 6.3 of this Agreement; and provided, further, that a violation by Tenant of its obligations under this Section 40.1(d) and/or a determination by Landlord in connection with verification of Landlord's "real estate investment trust" (within the meaning of Section 856(a) that a violation of the Code) compliance requirementsPersonal Property REIT Requirement has occurred shall not constitute an Event of Default under this Lease. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder Personal Property REIT Requirement as long as such compliance does not (i) increase Tenant's ’s monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's nonmonetary ’s non-monetary obligations under this Master Lease or (iii) materially diminish Tenant's ’s rights under this Master Lease. Accordingly, if requested by Landlord and at Landlord’s expense, Tenant shall cooperate with Landlord as may be necessary from time to time to more specifically identify and/or value the Landlord Personal Property in connection with the compliance with the Personal Property REIT Requirement. Landlord shall reimburse Tenant for the reasonable amount of any out of pocket expenses incurred by Tenant in satisfying the requirements of this Section 40.1(d).

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent. (ba) Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not not, without Landlord's L▇▇▇▇▇▇▇’s advance written consent (which consent shall not be unreasonably withheld): ) (i) sublet, assign or enter into a management arrangement for the Leased Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: either (Ax) the income or profits derived by the business activities of the subtenant, assignee or manager; manager or (By) any other formula such that any portion of any amount received by Landlord would fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) furnish or render any services to the subtenant, assignee or manager or manage or operate the Leased Property so subleased, assigned or managed; (iii) sublet, assign or enter into a management arrangement for the Leased Property to any Person (other than a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code) of LandlordGLP) in which Landlord or GLP owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iiiiv) sublet, assign or enter into a management arrangement for the Leased Property in any other manner manner, in each case of clauses (i) through (iv), which could reasonably be expected to cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b40.1(a) shall likewise apply to any further subleasing by any subtenant. (cb) Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "“taxable REIT subsidiary" ” (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's ’s status as a "“real estate investment trust" ” (within the meaning of Section 856(a) of the Code); provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfer, transfer and (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice notice of any such assignment; and provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunder. (dc) Anything contained in this Master Lease to the contrary notwithstanding, upon request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's ’s possession or under Tenant's T▇▇▇▇▇’s control and otherwise readily available to Tenant as shall be reasonably requested by Landlord in connection with verification of Landlord's "GLP’s “real estate investment trust" ” (within the meaning of Section 856(a) of the Code) compliance requirements. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder as long as such compliance does not (i) increase Tenant's ’s monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's ’s nonmonetary obligations under this Master Lease or (iii) materially diminish Tenant's ’s rights under this Master LeaseLease or (iv) result in the imposition of any additional material obligation upon Tenant under any Legal Requirement. (d) Tenant acknowledges that Landlord’s direct or indirect parent intends to qualify as a “real estate investment trust” (within the meaning of Section 856(a) of the Code). T▇▇▇▇▇ agrees that it will not knowingly or intentionally take or omit to take any action, or permit any status or condition to exist at the Leased Property, which Tenant actually knows (acting in good faith) would or could result in the Rent payable under this Lease not qualifying as “rents from real property” within the meaning of Section 856(d) of the Code.

REIT Protection. (a) 41.1 The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Internal Revenue Code of 1986, as amended (the “Code”), or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent.. Lease – Friendswood SNF 45 (b) 41.2 Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall not without Landlord's advance written consent (which consent shall not be unreasonably withheld): (i) sublet, assign or enter into a management arrangement for the Leased Property Premises on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either: either (Ax) the income or profits derived by the business activities of the subtenant, assignee or manager; manager or (By) any other formula such that any portion of any amount received by Landlord would fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) furnish or render any services to the subtenant, assignee or manager or manage or operate the Premises so subleased, assigned or managed; (iii) sublet, assign or enter into a management arrangement for the Leased Property Premises to any Person (other than a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code) subsidiary of Landlord) in which Tenant or Landlord owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iiiiv) sublet, assign or enter into a management arrangement for the Leased Property Premises in any other manner which could cause any portion of the amounts received by Landlord pursuant to this Master Lease or any sublease to fail to qualify as "“rents from real property" ” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 40.1(b) 41.2 shall likewise apply to any further subleasing by any subtenant. (c) 41.3 Anything contained in this Master Lease to the contrary notwithstanding, the parties acknowledge and agree that Landlord, in its sole discretion, may assign this Master Lease or any interest herein to another Person (including without limitation, a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code)) in order to maintain Landlord's status as a "real estate investment trust" (within the meaning of Section 856(a) of the Code)REIT; provided, however, that Landlord shall be required to (i) comply with any applicable legal requirements related to such transfertransfer including, but not limited to, any requirements under any certificate of need or other health care law, rules or regulations and (ii) comply with any restrictions set forth in Section 18.1 with respect to a sale of the Leased Property and (iii) give Tenant Notice reasonable notice of any such assignmentassignment with sufficient time to meet any required notification requirements; and and, provided, further, that any such assignment shall be subject to all of the rights of Tenant hereunder. (d) 41.4 Anything contained in this Master Lease to the contrary notwithstanding, upon reasonable request of Landlord, Tenant shall cooperate with Landlord in good faith and at no cost or expense to Tenant, and provide such documentation and/or information as may be in Tenant's ’s possession or under Tenant's ’s control and otherwise readily available to Tenant as shall be reasonably requested regarding the valuation of the Premises in order to assist Landlord in its determination that Rent allocable for purposes of Section 856 of the Code to the Landlord’s personal property at the beginning and end of a calendar year does not exceed 15% of the total Base Rent due hereunder (the “Personal Property REIT Requirement”); provided, however, that a violation by Tenant of its obligations under this Section 41.4 and/or a determination by Landlord in connection with verification of Landlord's "real estate investment trust" (within the meaning of Section 856(a) that a violation of the Code) compliance requirementsPersonal Property REIT Requirement has occurred shall not constitute an Event of Default under this Lease. Anything contained in this Master Lease to the contrary notwithstanding, Tenant shall take such reasonable action as may be requested by Landlord from time to time in order to ensure compliance with the Internal Revenue Service requirement that Rent allocable for purposes of Section 856 of the Code to personal property, if any, at the beginning and end of a calendar year does not exceed fifteen percent (15%) of the total Rent due hereunder Personal Property REIT Requirement as long as such compliance does not (i) increase Tenant's ’s monetary obligations under this Master Lease or (ii) materially and adversely increase Tenant's ’s nonmonetary obligations under this Master Lease or (iii) materially diminish Tenant's ’s rights under this Master Lease. Accordingly, if requested by Landlord and at Landlord’s expense, Tenant shall cooperate with Landlord as may be reasonably necessary from time to time to more specifically identify and/or value the Landlord personal property in connection with the compliance with the Personal Property REIT Requirement. Landlord shall reimburse Tenant for the reasonable amount of any out of pocket expenses incurred by Tenant in satisfying the requirements of this Section 41.4. Lease – Friendswood SNF 46 41.5 Landlord shall have no obligation to provide any services (and no Person, on behalf of Landlord, shall have any obligation to provide any services) under this Lease to or for the convenience of the Tenant or any sublessee of the Tenant except to the extent such services are (a) customarily provided to tenants in the geographic area in which the Premises is located and of a similar class of property, or (b) services provided by a third party (i) who is adequately compensated by the Tenant or sublessee of the Tenant for the provision of such services, (ii) from whom the Landlord does not directly or indirectly derive or receive any income or revenue, (iii) who does not own 35% or more of the beneficial ownership of the Landlord, and (iv) not more than 35% of whose interests in assets or net profits (if such third party is a partnership or joint venture) or voting power or value of all classes of its stock (if such third party is a corporation) is owned, directly or indirectly, by persons owning, directly or indirectly, 35% or more of the Landlord. 41.6 For the purposes of this Section 41, the term “Person” shall mean any individual, corporation, limited liability company, partnership, joint venture, association, joint stock company, trust, unincorporated organization, government or any agency or political subdivision thereof or any other form of entity.