Common use of Space Leasing Clause in Contracts

Space Leasing. (a) Subject to the other terms and provisions of this Lease (including, but not limited to, ARTICLE 5), Tenant shall have the obligation to lease (sublease) the MOB to Space Tenants during the Term as set forth in this Section 7.3. Promptly after the Effective Date, Tenant shall, in consultation with Landlord, develop a marketing and leasing plan. Tenant shall, in consultation with Landlord, periodically update the marketing and leasing plan. Tenant shall not use any name, xxxx or logo of Landlord or any of its Affiliates in any manner whatsoever without the express prior written approval of Landlord, which approval may be granted or withheld in its sole discretion. Landlord shall have the right to review and approve all marketing materials for space in the MOB, provided that if (i) Tenant’s written request for approval states in conspicuous type that Landlord’s approval will be deemed granted if Landlord fails to respond in writing within ten (10) business days of submission, and (ii) Landlord does not provide comments to any materials submitted within ten (10) business days of submission, such submitted materials shall be deemed approved. (b) Landlord, provided it incurs no expense or liability, agrees to use commercially reasonable efforts, in good faith, to assist Tenant in its marketing and leasing activities including, but not limited to, providing Tenant with a list of physicians and physician groups that are in good and active standing of the medical staff of Landlord or a Landlord Affiliate-owned hospital which Landlord believes would enhance the MOB Tenant Mix (as hereafter defined). For purposes of this Lease, “Tenant Mix” shall mean physician groups and medical practices or service lines that Landlord believes would be beneficial to the Campus and surrounding community. Tenant shall use commercially reasonable efforts to lease the MOB consistent with the then current MOB’s Tenant Mix on the Campus and surrounding community. (c) As long as the Space Lease fulfills all the requirements of this Section 7.3, ARTICLE 5 and the other provisions of this Lease, Landlord shall permit and recognize the Space Lease and the Space Tenant. For purposes of this Lease, a “Space Lease” means a lease between Tenant, as lessor, and a physician, physician group or other user permitted under ARTICLE 7 and ARTICLE 5, as lessee, and “Space Tenant” means a lessee under a Space Lease. In the event of termination of this Lease pursuant to the terms hereof, and provided a new lease is not executed pursuant to the terms of ARTICLE 6, Landlord, to the extent the MOB is still constructed and without damage, shall honor all Space Leases authorized and permitted by Landlord pursuant to the terms of this Section 7.3 as if they were direct leases between Landlord and such Space Tenants, as long as the Space Tenant is not in default of any provision of the Space Lease beyond the applicable grace period and so long as the termination of this Lease (i) is not in connection with any condemnation, taking or casualty, (ii) such Space Tenant attorns to Landlord pursuant to an agreement of attornment satisfactory to Landlord, and (iii) such Space Lease complies with all Legal Requirements and the provisions of this Lease; provided, however Landlord shall not be (i) liable for any breach of any obligations owed by Tenant, as lessor to such Space Tenants under such Space Leases, nor shall Landlord be liable to such Space Tenants for the return to Space Tenants of (A) any sums on deposit with Tenant, including, without limitation, security deposits, (B) allowances or inducements made available to Space Tenants, including, without limitation, leasehold improvement allowances, unless such sums on deposit or the cash value of such allowances or inducements are actually transferred by Tenant to Landlord, (ii) subject to any offsets, claims or defenses which the Space Tenant may have against any prior Tenant, (iii) bound by any payment of Rent which any Space Tenant might have made for more than one (1) month in advance. If a Space Tenant entitled to such recognition shall so request, Landlord shall execute and deliver an agreement, in form and substance reasonably satisfactory to Landlord, confirming that, subject to the provisions of this Section 7.3(c), such Space Tenant is entitled to such recognition and recognizes and attorns to Landlord as the landlord under its Space Lease.

Space Leasing. (a) Subject to the other terms and provisions of this Lease (including, but not limited to, ARTICLE 5), Tenant shall have the obligation to lease (sublease) use commercially reasonable efforts to sublease the MOB to Space Tenants during the Term as set forth in this Section 7.39.3. Promptly after Upon the Effective Date, Tenant shall, in consultation with Landlord, develop a marketing and leasing planthe Approved Marketing Plan for the MOB consistent with the terms of this Section 9.3. Thereafter, Tenant shall, in consultation with Landlord, periodically update the Approved Marketing Plan, and on the first day of each January prepare and deliver to Landlord the next year’s Approved Marketing Plan for the MOB for Landlord’s review and input. Landlord shall have the right to approve all signs and materials used by Tenant in the promoting or marketing and leasing planof Space Leases. Landlord shall not unreasonably withhold, condition or delay its consent to any such signs or materials proposed by Tenant. Tenant shall not use any name (excluding the name of the Tenant), xxxx or logo of Landlord or any of its Affiliates in connection with the operation of the MOB without the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall not otherwise use any name, xxxx or logo of Landlord or any of its Affiliates in for any manner whatsoever other purpose without the express prior written approval of Landlord, which approval may be granted or withheld in its sole discretion. . (b) Tenant may only sublease space in the MOB to (i) Landlord (or its Affiliates) in accordance with the terms of this Lease, (ii) to prospective tenants in accordance with the Approved Marketing Plan, and (iii) in accordance with the restrictions in Section 7.1(b) and (c). (c) All Space Tenants of the MOB shall have the right to review and approve all marketing materials execute a written Space Lease with Tenant for space in the MOB, provided that if (i) Tenant’s written request for approval states in conspicuous type that Landlord’s approval will be deemed granted if Landlord fails to respond in writing within ten (10) business days of submission, and (ii) Landlord does not provide comments to any materials submitted within ten (10) business days of submission, such submitted materials shall be deemed approved. (b) Landlord, provided it incurs no expense or liability, agrees to use commercially reasonable efforts, in good faith, to assist Tenant in its marketing and leasing activities including, but not limited to, providing Tenant with a list of physicians and physician groups that are in good and active standing of the medical staff of Landlord or a Landlord Affiliate-owned hospital which Landlord believes would enhance the MOB Tenant Mix (as hereafter defined). For purposes of this Lease, “Tenant Mix” shall mean physician groups and medical practices or service lines that Landlord believes would be beneficial to the Campus and surrounding community. Tenant shall use commercially reasonable efforts to lease the MOB consistent with the then current MOB’s Tenant Mix on the Campus and surrounding community. (c) As long as the Space Lease fulfills all the requirements of this Section 7.3, ARTICLE 5 and the other provisions of this Lease, Landlord shall permit and recognize the Space Lease and the Space Tenant. For purposes of this Lease, a term “Space Lease” means a lease sublease between Tenant, as lessor, and a physician, physician group or other user permitted under ARTICLE 7 and ARTICLE 57, as lessee, and the term “Space Tenant” means a lessee under a Space Lease. In the event of termination of this Lease pursuant to the terms hereof, and provided a new lease is not executed pursuant to the terms of ARTICLE 6, Landlord, to the extent the MOB is still constructed and without damage, shall honor all All Space Leases authorized shall be substantially in the form of Exhibit 9.3(c) attached hereto and permitted by Landlord pursuant to made a part hereof (the terms of this Section 7.3 as if they were direct leases between Landlord and such “Approved Space TenantsLease”), as long as the Space Tenant is not in default of any provision of the Space Lease beyond the applicable grace period and so long as the termination of this Lease (i) is not in connection with any condemnation, taking or casualty, (ii) such Space Tenant attorns to Landlord pursuant to an agreement of attornment satisfactory to Landlord, and (iii) such Space Lease complies with all Legal Requirements and the provisions of this Lease; provided, however Landlord shall not be (i) liable for any breach of any obligations owed by Tenant, as lessor to such Space Tenants under such Space Leases, nor shall Landlord be liable to such Space Tenants for the return to Space Tenants of (A) any sums on deposit with Tenant, including, without limitation, security deposits, (B) allowances or inducements made available to Space Tenants, including, without limitation, leasehold improvement allowances, unless such sums on deposit or the cash value of such allowances or inducements are actually transferred by Tenant to Landlord, (ii) subject to any offsets, claims or defenses which non-material changes that may be negotiated with individual Space Tenants. Any material changes to the form of the Approved Space Tenant may have against any prior Tenant, (iii) bound by any payment of Rent which any Space Tenant might have made for more than one (1) month in advance. If a Space Tenant entitled to such recognition Lease shall so request, Landlord shall execute and deliver an agreement, in form and substance reasonably satisfactory be subject to Landlord, confirming that, subject ’s prior written approval. Landlord has the right to approve the provisions of this Section 7.3(c), such Space Tenant is entitled to such recognition and recognizes and attorns to Landlord as initial lease structure for the landlord under its Space LeaseMOB.

Space Leasing. (a) Subject to the other terms and provisions of this Lease (including, but not limited to, ARTICLE 5), Tenant shall have the obligation to lease (sublease) the MOB to Space Tenants during the Term as set forth in this Section 7.3. Promptly after the Effective Date, Tenant shall, in consultation with Landlord, develop a marketing and leasing plan. Tenant shall, in consultation with Landlord, periodically update the marketing and leasing plan. Tenant shall not use any name, xxxx or logo of Landlord or any of its Affiliates in any manner whatsoever without the express prior written approval of Landlord, which approval may be granted or withheld in its sole discretion. Landlord shall have the right to review and approve all marketing materials for space in the MOB, provided that if (i) Tenant’s written request for approval states in conspicuous type that Landlord’s approval will be deemed granted if Landlord fails to respond in writing within ten (10) business days of submission, and (ii) Landlord does not provide comments to any materials submitted within ten (10) business days of submission, such submitted materials shall be deemed approved. (b) Landlord, provided it incurs no expense or liability, agrees to use commercially reasonable efforts, in good faith, to assist Tenant in its marketing and leasing activities including, but not limited to, providing Tenant with a list of physicians and physician groups that are in good and active standing of the medical staff Medical Staff of Landlord CMH or a Landlord or CMH Affiliate-owned hospital which Landlord or CMH believes would enhance the MOB Tenant Mix (as hereafter defined). For purposes of this Lease, “Tenant Mix” shall mean physician groups and medical practices or service lines that Landlord or CMH believes would be beneficial to the Campus Campus, Property and surrounding community. Tenant shall use commercially reasonable efforts to lease the MOB consistent with the then current MOB’s Tenant Mix on the Campus Campus, Property and surrounding community. (c) As long as the Space Lease fulfills all the requirements of this Section 7.3, ARTICLE 5 and the other provisions of this Lease, Landlord shall permit and recognize the Space Lease and the Space Tenant. For purposes of this Lease, a “Space Lease” means a lease between Tenant, as lessor, and a physician, physician group or other user permitted under ARTICLE 7 and ARTICLE 5, as lessee, and “Space Tenant” means a lessee under a Space Lease. In the event of termination of this Lease pursuant to the terms hereof, and provided a new lease is not executed pursuant to the terms of ARTICLE 6, Landlord, to the extent the MOB is still constructed and without damage, shall honor all Space Leases authorized and permitted by Landlord pursuant to the terms of this Section 7.3 as if they were direct leases between Landlord and such Space Tenants, as long as the Space Tenant is not in default of any provision of the Space Lease beyond the applicable grace period and so long as the termination of this Lease (i) is not in connection with any condemnation, taking or casualty, (ii) such Space Tenant attorns to Landlord pursuant to an agreement of attornment satisfactory to Landlord, and (iii) such Space Lease complies with all Legal Requirements and the provisions of this Lease; provided, however Landlord shall not be (i) liable for any breach of any obligations owed by Tenant, as lessor to such Space Tenants under such Space Leases, nor shall Landlord be liable to such Space Tenants for the return to Space Tenants of (A) any sums on deposit with Tenant, including, without limitation, security deposits, (B) allowances or inducements made available to Space Tenants, including, without limitation, leasehold improvement allowances, unless such sums on deposit or the cash value of such allowances or inducements are actually transferred by Tenant to Landlord, (ii) subject to any offsets, claims or defenses which the Space Tenant may have against any prior Tenant, (iii) bound by any payment of Rent which any Space Tenant might have made for more than one (1) month in advance. If a Space Tenant entitled to such recognition shall so request, Landlord shall execute and deliver an agreement, in form and substance reasonably satisfactory to Landlord, confirming that, subject to the provisions of this Section 7.3(c), such Space Tenant is entitled to such recognition and recognizes and attorns to Landlord as the landlord under its Space Lease.