Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property: (a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time. (b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens. (c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property. (d) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03. (e) Tenant shall pay all taxes applicable to Tenant's Property. (f) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and elects to terminate the Lease pursuant to Section 10.05. (g) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) has occurred and remains uncured beyond any applicable grace period, Tenant may remove Tenant's property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility (unless such items are being replaced by Tenant); and [ii) Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property. (h) Tenant shall remove Tenant's Property upon the termination or expiration of the Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) days after the termination or expiration of the Lease, then Tenant shall be deemed to have
Appears in 2 contracts
Samples: Master Operating Lease (National Healthcare Corp), Master Operating Lease (National Health Realty Inc)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property’s Property to the extent needed to operate the Facility in accordance with the terms set forth herein. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for equipment having an original cost in excess of $150,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions reasonably acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 2 contracts
Samples: Master Lease Agreement (LifeCare Holdings, Inc.), Master Lease Agreement (LifeCare Holdings, Inc.)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(d) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(e) Tenant shall pay all taxes applicable to Tenant's Property.
(f) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and elects to terminate the Lease pursuant to Section 10.05.
(g) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) has occurred and remains uncured beyond any applicable grace period, Tenant may remove Tenant's property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility (unless such items are being replaced by Tenant); and [ii) Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(h) Tenant shall remove Tenant's Property upon the termination or expiration of the Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) days after the termination or expiration of the Lease, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of the Lease.
(i) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property.
Appears in 2 contracts
Samples: Lease Agreement (National Health Investors Inc), Master Agreement to Lease (National Healthcare Corp)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and and, to the extent required, replace Tenant's ’s Property.
(d) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(eb) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fc) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, to the extent required to satisfy its performance obligations under this Lease, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant this Lease is entitled terminated with respect to and elects to terminate the Lease applicable Facility pursuant to Section 10.05Article 9 or Article 10.
(gd) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility satisfy its performance obligations under this Lease (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(he) Except to the extent the same were installed to replace items of Landlord’s Personal Property which were removed by Tenant, Tenant’s Property shall remain owned by Tenant shall at the expiration or termination of this Lease and Tenant may, at Tenant’s option, remove all or such portion of Tenant's ’s Property as Tenant determines upon the termination or expiration of the this Lease and shall repair provided Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration delivery of possession of the LeaseLeased Property to Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
Appears in 2 contracts
Samples: Master Lease Agreement (Genesis Healthcare, Inc.), Master Lease Agreement (Genesis Healthcare, Inc.)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(h) Tenant shall remove Tenant's Property upon the termination or expiration of the Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) days after the termination or expiration of the Lease, then Tenant shall be deemed to have
Appears in 1 contract
Samples: Lease Agreement (Just Like Home Inc)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) : Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(d) . Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03.
(e) §4.3. Tenant shall pay all taxes applicable to Tenant's ’s Property.
(f) . If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall have the right, but not the obligation, to repair or replace Tenant’s Property (unless the same is required for the operation of the Leased Property in compliance with applicable Legal Requirements, in which case Tenant shall be required to promptly repair or replace Tenant's Property the same) unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05.
(g) §9.2.2. Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(h) . Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease. Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for critical care equipment and for all other equipment having an original cost in excess of $250,000.00 per Facility, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and elects to terminate the Lease purchase Leased Property pursuant to Section 10.05ss.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $100,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Samples: Master Lease Agreement (Brookdale Senior Living Inc.)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any this Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(d) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(e) Tenant shall pay all taxes applicable to Tenant's Property.
(f) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's 28 Property unless Tenant is entitled to and elects to terminate the Lease pursuant to Section 10.05.
(g) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [(i] ) the items removed are not required to operate the Leased Property as a licensed nursing home facility (unless such items are being replaced by Tenant); and [(ii) Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(h) Tenant shall remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety thirty (9030) days after the termination or expiration of the this Lease, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(i) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. Tenant shall cause any equipment lessor or any lender having a security interest in any of the Tenant's Property having a cost in excess of Ten Thousand Dollars ($10,000.00) to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: (i) Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; (ii) such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and (iii) Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within thirty (30) days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
(j) Tenant hereby grants to Landlord a security interest under the Uniform Commercial Code, as enacted in the state where the Leased Property is located, in any of Tenant's Property which is now or may hereafter be placed upon the Leased Property, including without limitation, Tenant's accounts, contract rights, 29 documents, instruments, chattel paper and general intangibles used in connection with the Leased Property, and all proceeds therefrom, to secure the payment and performance of Tenant's obligations under this Lease. At the request of Landlord, Tenant shall execute additional security agreements, financing statements, and such other documents as may be requested by Landlord to maintain and perfect such security interest. Tenant hereby irrevocably appoints Landlord, its successors and assigns, as Tenant's attorney-in-fact to execute, acknowledge, deliver and file such documents on behalf of Tenant. This power of attorney is coupled with an interest and is irrevocable. Notwithstanding the foregoing, Landlord agrees to subordinate its security interest in patient receivables arising prior to an Event of Default to a security interest granted to an institutional lender making a working capital loan in an amount not to exceed Three Hundred Thousand and No/100 Dollars ($300,000.00) and, in addition, Landlord agrees to subordinate its security interest to any other purchase money security interest upon terms and conditions approved by Landlord.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with ---------------------------------- all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03(S)4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05.(S)
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Samples: Lease Agreement (Just Like Home Inc)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home assisted living facility (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) days after the termination or expiration of the Lease, then Tenant shall be deemed to have's
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property’s Property to the extent needed to operate the Facility in accordance with the terms set forth herein. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for equipment having an original cost in excess of $150,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions reasonably acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake (if any part of the Leased Property is in earthquake zone 1 or 2), and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $75,000.00, and for equipment constituting any part of the Start-Up Property, Tenant shall cause such equipment lessor or lender to enter into a non-disturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and non-disturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and non-disturbance agreement, including, without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property provided, however, Tenant may transfer to any Affiliate Facility items of Tenant's Property or Leased Property that are not necessary for the Operation of the Facility in compliance with this Lease. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Samples: Lease Agreement (Just Like Home Inc)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake (if Leased Property is in earthquake zone 1 or 2), and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $75,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and elects to terminate the Lease purchase Leased Property pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hg) Tenant shall remove Tenant's Property upon the termination perform its obligations under any equipment lease or expiration of the Lease and shall repair any damage to the Leased Property resulting from the removal of security agreement for Tenant's Property. If For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant fails shall cause such equipment lessor or lender to remove Tenant's Property enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within ninety (90) 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the termination or expiration of the Leaseequipment lease, then Tenant shall be deemed to havesecurity agreement and nondisturbance agreement, including, without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall have the right, but not the obligation, to repair or replace Tenant’s Property (unless the same is required for the operation of the Leased Property in compliance with applicable Legal Requirements, in which case Tenant shall be required to promptly repair or replace Tenant's Property the same) unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for critical care equipment and for all other equipment having an original cost in excess of $250,000.00 per Facility, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove (without replacing) any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for equipment having an original cost in excess of $100,000.00 with respect to any Facility, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions reasonably acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Samples: Master Lease Agreement (Capital Senior Living Corp)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease this Agreement of any additions, substitutions, or replacements of any item of Tenant's ’s Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's ’s Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's ’s liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's Property’s Property and the Fixtures to the extent required to operate the Property as a nursing home or medical care facility.
(d) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.034.3.
(e) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(f) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and elects to terminate the Lease pursuant to Section 10.0511.4.
(g) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) has occurred and remains uncured beyond any applicable grace period, Tenant may remove Tenant's ’s property from the Leased Property from time to time provided that [(i] ) the items removed are not required to operate the Leased Property as a licensed nursing home facility (unless such items are being replaced by Tenant); and [(ii) Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(h) Tenant shall remove Tenant's ’s Property upon the termination or expiration of the Lease (except as otherwise limited by Article X hereunder) and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) days after the termination or expiration of the Lease, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of the Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of the Lease.
(i) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and elects to terminate the Lease purchase Leased Property pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Samples: Master Lease Agreement (Brookdale Senior Living Inc.)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall have the right, but not the obligation, to repair or replace Tenant’s Property (unless the same is required for the operation of the Leased Property in compliance with applicable Legal Requirements, in which case Tenant shall be required to promptly repair or replace Tenant's Property the same) unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for critical care equipment and for all other equipment having an original cost in excess of $250,000.00, Tenant
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home adult congregate living facility (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2 or Landlord determines that the Tenant Property is not necessary for the operation of the Facility.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for equipment having an original cost in excess of $50,000.00, Tenant shall use commercially reasonable efforts to cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions reasonably acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property’s Property to the extent needed to operate the Facility in accordance with the terms set forth herein. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's ’s Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for equipment having an original cost in excess of $150,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions reasonably acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the
Appears in 1 contract
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake (if Leased Property is in earthquake zone 1 or 2), and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.03ss.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05ss.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $75,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a
Appears in 1 contract
Samples: Lease Agreement (Balanced Care Corp)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's sole cost and expense, maintain, repair, and replace Tenant's Property.
(db) Tenant shall, at Tenant's sole cost and expense, keep Tenant's Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake (if Leased Property is in earthquake zone 1 or 2), and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's Property. The insurance shall meet the requirements of Section 4.034.3.
(ec) Tenant shall pay all taxes applicable to Tenant's Property.
(fd) If Tenant's Property is damaged or destroyed by fire or any other cause, Tenant shall promptly repair or replace Tenant's Property unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.059.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant's Property or Leased Property. Tenant shall, at Landlord's option, remove Tenant's Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's Property. If Tenant fails to remove Tenant's Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant's Property, Tenant's Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant's Property. In 44 such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant's Property and repairing any damage caused by such removal. Tenant's obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant's Property. For equipment loans or leases for equipment having an original cost in excess of $75,000.00, and for equipment constituting any part of the Start-Up Property, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including without limitation, reasonable attorneys' fees and costs.
Appears in 1 contract
Samples: Lease Agreement (Balanced Care Corp)
Requirements for Tenant's Property. Tenant shall comply with all of the following requirements in connection with Tenant's ’s Property:
(a) Tenant shall notify Landlord within one hundred twenty (120) days after each anniversary of any Lease of any additions, substitutions, or replacements of any item of Tenant's Property which individually has a cost of more than $10,000.00 and shall furnish Landlord with such other information as Landlord may reasonably request from time to time.
(b) Tenant's Property shall be installed in a good and workmanlike manner, in compliance with all governmental laws, ordinances, rules, and regulations and all insurance requirements, and be installed free and clear of any mechanic's liens.
(c) Tenant shall, at Tenant's ’s sole cost and expense, maintain, repair, and replace Tenant's ’s Property.
(db) Tenant shall, at Tenant's ’s sole cost and expense, keep Tenant's ’s Property insured against loss or damage by fire, vandalism and malicious mischief, sprinkler leakage, earthquake, and other physical loss perils commonly covered by fire and extended coverage, boiler and machinery, and difference in conditions insurance in an amount not less than ninety percent (90%) % of the then full replacement cost thereof. Tenant shall use the proceeds from any such policy for the repair and replacement of Tenant's ’s Property. The insurance shall meet the requirements of Section 4.03§4.3.
(ec) Tenant shall pay all taxes applicable to Tenant's ’s Property.
(fd) If Tenant's ’s Property is damaged or destroyed by fire or any other cause, Tenant shall have the right, but not the obligation, to repair or replace Tenant’s Property (unless the same is required for the operation of the Leased Property in compliance with applicable Legal Requirements, in which case Tenant shall be required to promptly repair or replace Tenant's Property the same) unless Tenant is entitled to and Landlord elects to terminate the this Lease pursuant to Section 10.05§9.2.2.
(ge) Unless an Event of Default (or any event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default) Default has occurred and remains uncured beyond any applicable grace periodoccurred, Tenant may remove Tenant's property ’s Property from the Leased Property from time to time provided that [i] the items removed are not required to operate the Leased Property as a licensed nursing home facility for the Facility Uses (unless such items are being replaced by Tenant); and [ii) ] Tenant repairs any damage to the Leased Property resulting from the removal of Tenant's ’s Property.
(hf) Tenant shall not, without the prior written consent of Landlord or as otherwise provided in this Lease, remove any Tenant’s Property or Leased Property. Tenant shall, at Landlord’s option, remove Tenant's ’s Property upon the termination or expiration of the this Lease and shall repair any damage to the Leased Property resulting from the removal of Tenant's ’s Property. If Tenant fails to remove Tenant's ’s Property within ninety (90) 30 days after the termination or expiration of the Leaserequest by Landlord, then Tenant shall be deemed to havehave abandoned Tenant’s Property, Tenant’s Property shall become the property of Landlord, and Landlord may remove, store and dispose of Tenant’s Property. In such event, Tenant shall have no claim or right against Landlord for such property or the value thereof regardless of the disposition thereof by Landlord. Tenant shall pay Landlord, upon demand, all expenses incurred by Landlord in removing, storing, and disposing of Tenant’s Property and repairing any damage caused by such removal. Tenant’s obligations hereunder shall survive the termination or expiration of this Lease.
(g) Tenant shall perform its obligations under any equipment lease or security agreement for Tenant’s Property. For equipment loans or leases for critical care equipment and for all other equipment having an original cost in excess of $250,000.00, Tenant shall cause such equipment lessor or lender to enter into a nondisturbance agreement with Landlord upon terms and conditions acceptable to Landlord, including, without limitation, the following: [i] Landlord shall have the right (but not the obligation) to assume such equipment lease or security agreement upon the occurrence of an Event of Default by Tenant hereunder; [ii] such equipment lessor or lender shall notify Landlord of any default by Tenant under the equipment lease or security agreement and give Landlord a reasonable opportunity to cure such default; and [iii] Landlord shall have the right to assign its interest in the equipment lease or security agreement and nondisturbance agreement. Tenant shall, within 30 days after receipt of an invoice from Landlord, reimburse Landlord for all costs and expenses incurred in reviewing and approving the equipment lease, security agreement and nondisturbance agreement, including, without limitation, reasonable attorneys’ fees and costs.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
