Common use of Standard of Operation Clause in Contracts

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standing; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) in the manner set forth above, and to a standard consistent with national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class independent living or licensed assisted living, independent living and dementia care facility (andfacility, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) as applicable, including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standingprograms; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises Property as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased PremisesProperty, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited in operating bank accountsaccountx, receivablesxxceivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises Property to a standard consistent with national chain first class independent living or licensed assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 aboveas applicable, skilled nursing facilities) at least equal to or better in quality than independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To to follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated by Guarantor and its Affiliated Persons. (h) Recruitto recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide to provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class independent living and/or licensed assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilityas applicable) in the manner set forth above, and to a standard consistent with national chain, first-class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) at least equal to or better in quality than independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first first-class independent living and licensed assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class skilled nursing, assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standingprograms; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited in deposixxx xn operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class skilled nursing, assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) in the manner set forth above, and to a standard consistent with national chain, first-class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class skilled nursing, assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standing; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited deposxxxx in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) in the manner set forth above, and to a standard consistent with national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standingprograms; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited deposxxxx in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) in the manner set forth above, and to a standard consistent with national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class independent living or licensed assisted living, independent living and dementia care facility (andfacility, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) as applicable, including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standingprograms; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises Property as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased PremisesProperty, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited deposixxx in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises Property to a standard consistent with national chain first class independent living or licensed assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 aboveas applicable, skilled nursing facilities) at least equal to or better in quality than independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To to follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated by Guarantor and its Affiliated Persons. (h) Recruitto recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide to provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class independent living and/or licensed assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilityas applicable) in the manner set forth above, and to a standard consistent with national chain, first-class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) at least equal to or better in quality than independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class independent living and licensed assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesas applicable) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first first-class independent living and licensed assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class assisted living, living and independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing or dementia care facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standing; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited deposxxxx in operating bank accounts, receivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) at least equal to or better in quality than assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class assisted living, living and independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing or dementia care facility) in the manner set forth above, and to a standard consistent with national chain, first-class assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) at least equal to or better in quality than assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class assisted living, living and independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing or dementia care component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiesor dementia care facility).

Standard of Operation. Throughout the Term of this Agreement, Tenant shall continuously operate the Leased Property in full compliance with the terms hereof in a manner consistent with the level of operation of a national, first class skilled nursing, assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) , including without limitation, the following: (a) to maintain the standard of care for the residents/patients of the Facility at all times at a level necessary to ensure quality care for the residents/patients of the Facility in accordance with customary and prudent industry standards; (b) to operate the Facility in a prudent manner and in compliance with applicable laws and regulations relating thereto and cause all Permits, Reimbursement Contracts and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in applicable reimbursement programs to remain in good standingprograms; (c) to maintain sufficient P&E and Inventories, and Tenant Personal Property, of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; and (d) to keep all Leased Improvements and P&E located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions and improvements thereto to keep the same in good operating condition. (e) to maintain sufficient working capital to operate the Leased Premises as a first class facility (working capital shall mean assets which are reasonably necessary and used for the day to day operation of the Leased Premises, including, without limitation, amounts sufficient for the maintenance of change and petty cash funds, amounts deposited in operating bank accountsaccountx, receivablesxxceivables, prepaid expenses, and funds required to maintain Inventories and pay all operating expenses as they become due, less accounts payable and accrued current liabilities). (f) to operate and use the Leased Premises to a standard consistent with national chain first class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons at the Commencement Date, and to operate the Facility only under the Guarantor's name, trademarks, logos and service marks, with all required licenses and permits for such operation, if any. (g) To follow and conform to all of the same operating, employment, marketing, insurance, risk management and management standards and practices employed at first class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated by Guarantor and its Affiliated Persons. (h) Recruit, train and employ appropriate personnel, or retain management services from Guarantor or other qualified operator or service-provider approved by Landlord for same. (i) Provide prompt written notice to Guarantor and to Landlord of material or extraordinary developments, lawsuits, violation of any Legal Requirements and fines relating to the use and operation of the Facility. Throughout the term of the Lease, Tenant shall continuously operate the Leased Property as a national, first-class skilled nursing, assisted living, independent living and dementia care facility (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facility) in the manner set forth above, and to a standard consistent with national chain, first-class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) at least equal to or better in quality than skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) operated currently by Guarantor under Guarantor's name, trademarks, logos and service marks. Tenant shall endeavor and use its best efforts to maximize Total Facility Revenue for the Leased Property. Tenant shall further provide, or cause to be provided, all group services, facilities and benefits generally available to a national chain, first-class skilled nursing, assisted living, independent living and dementia care facilities (and, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilities) of a similar type operated elsewhere by Guarantor or any successor to Guarantor (or by other national operators of first class skilled nursing, assisted living, independent living and dementia care facilities (andfacilities, if Tenant elects to operate a skilled nursing component within the facility pursuant to Section 4.1.1 above, skilled nursing facilitiessuch as those operated by Marriott Senior Living Services).