Common use of TERMS OF RESIDENCY Clause in Contracts

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home shall exist and continue during Resident’s lifetime unless terminated as provided for in Section XI or Section XII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist Home, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living Apartment, owned by Sponsor. Rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement. (b) Notwithstanding any other provisions in this Agreement, Sponsor may make alterations in the Independent Living Apartment to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than Resident may reside in the Independent Living Apartment except for occasional visits or with the express written approval of Sponsor. (d) In the event that a person who is not a party to this Agreement (“New Person”) is accepted for residency in the Independent Living Apartment at a time subsequent to the date hereof (said acceptance to be in accordance with admission policies governing all other admissions), New Person shall sign this Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, the then current Second Person Monthly Fee. Such New Person will then become a Resident for purposes of this Agreement. (e) The Independent Living Apartment shall be used only for residential purposes and shall not be used for business or professional purposes, or in any manner in violation of zoning requirements. (f) Sponsor shall not be liable for, and Resident shall indemnify and hold Sponsor harmless from, any claims, damages or expenses, including attorneys’ fees and court costs, injury or death to persons and any damages to property caused by the negligent or intentional act or omission of Resident and any of Resident’s agents or guests. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor may remove and store such furniture, possessions and property at the expense of Resident or Resident’s estate. (i) Furnishings within the Independent Living Apartment will be provided by Resident. Furnishings provided by Resident shall not be such as to interfere with the health, safety and general welfare of other residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments. (j) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Independent Living Apartment, Resident agrees to assume residency in an Enriched Housing Apartment or the nursing facility. If Resident moves to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Bethel Methodist Home. (k) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartment, Resident agrees to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Village at Proprietors Green shall exist and continue during Resident’s lifetime unless rescinded in accordance with Section X or terminated as provided for in Section XI VII or Section XIIVIII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeVillage at Proprietors Green, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living ApartmentApartment Home, which is owned by SponsorProvider. Rights The rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement. (b) , and Resident shall have no right to assign the Apartment Home for use by another person. Notwithstanding any other provisions in this Agreement, Sponsor Provider may make alterations in the Independent Living Apartment Home to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than . The Resident may reside in is understood to be the Independent Living sole occupant of the Apartment Home except for occasional visits or with the express written approval of Sponsor. (d) Provider. In the event that a Resident marries or desires that a person who is not a party to this Agreement (in either case, a “New Person”) is be accepted for residency as a second Resident in the Independent Living Resident’s Apartment Home at a time subsequent to the date hereof (hereof, the Resident shall apply to Provider for approval of the New Person as a second Resident. Provider shall process said acceptance to be application in accordance with admission policies residency criteria then-governing all other admissions)new residents. If accepted, the New Person shall be required to sign this Residency Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, the then current Second Person Monthly Fee. Such Fee and such New Person will then shall thereupon become a Resident for purposes of this Agreement. . The current Second Person Monthly Fee is $*****, plus any adjustments implemented by Provider hereafter. If the New Person is not accepted as a Resident, such New Person shall not be permitted to occupy the apartment for more than thirty (e30) days except with the express written approval of Provider. When two Residents decide to jointly reside in the Apartment Home currently occupied by one of the Residents, both Residents’ must initiate termination of their Residency Agreements in accordance with Section VII of this Agreement, and Residents will sign a new Residency Agreement that sets forth the Monthly Fee payable when two persons are Residents pursuant to this Agreement. When two Residents decide to jointly reside in an Apartment Home not occupied by either of them and to vacate the Apartment Homes currently occupied by each Resident, both Residents must initiate termination of their respective Residency Agreements, in accordance with Section VII of this Agreement, and sign a new Residency Agreement that sets forth the Monthly Fee payable when two persons are Residents pursuant to this Agreement. The Independent Living Apartment shall be used only for residential purposes and Home shall not be used for business or professional purposes, or in any manner in violation of zoning requirements. (f) Sponsor requirements or applicable law. Neither Provider nor Manager shall not be liable for, and Resident shall indemnify be liable for and hold Sponsor harmless frompay for, any all loss, liability, claims, damages or and expenses, including attorneys’ reasonable attorney’s fees and court costs, of any injury or death to persons and any damages to property caused by the negligent or intentional related to any act or omission or any breach by Resident of his or her obligations under this Agreement, whether such act, omission or breach is accidental, negligent or intentional, of Resident and or of any guests or invitees of Resident’s agents or guests. (g) Resident . Such payment obligations shall carry “tenant insurance” covering Resident’s personal belongings extend to third parties and liability insurance in the amount of at least $500,000 combined single limitto Provider and Manager. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event the removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor Provider may remove and store such furniture, possessions and property at and the expense of such removal and storage shall be charged to Resident or Resident’s estate. (i) by Provider. Furnishings within the Independent Living Apartment Home will be provided by Resident. Furnishings provided by Resident shall not not, in Provider’s sole discretion, be such as to interfere with the health, safety and general welfare of other Village at Proprietors Green residents. Sponsor shall provide blinds on all windows, employees or guests. Resident is responsible for the cost of purchasing and installing additional window treatments. (j) Upon recommendation agrees to voluntarily transfer from his/her Apartment Home if, as a result of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health health, the Village at Proprietors Green Resident Care Director determines that Resident poses a risk to the safety or welfare of Resident, or other condition Village at Proprietors Green residents, employees or guests. Resident acknowledges that Village at Proprietors Green and Provider’s property, plant and equipment will be encumbered by a mortgage, the proceeds of which will be used to pay for development, construction or operation of Village at Proprietors Green or refinancing thereof. Resident’s rights under this Agreement shall be subordinate to all such mortgages and Resident shall not have personal liability for any such mortgage or indebtedness of Provider. Resident acknowledges that Resident does not have any ownership interest in Provider or in Provider’s assets. Provider agrees to vacate provide a locking device on each entry to the Independent Living ApartmentApartment Homes. Resident agrees that emergency personnel of Provider shall have access to the Apartment Home at all times and that housekeeping and maintenance personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. Resident agrees not to make any structural alterations to the Apartment Home. No other alterations shall be made by Resident without the prior written approval of Provider, which approval will not be unreasonably withheld. Provider’s obligation to provide services under this Agreement begins when Resident’s Apartment Home is available for residency, and Resident pays the Monthly Fee for the first and last months of occupancy. Resident agrees to assume residency in an Enriched Housing Apartment or the nursing facility. If Resident moves abide by all rules and regulations relating to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident Village at Proprietors Green and Resident’s attending physician. In the event of disagreement, the decision shall be referred use and occupancy thereof as adopted or modified by Provider from time to Sponsor as provided in Section XIIItime. Resident canwill be deemed ineligible to reside in an Apartment Home if he/she exhibits health conditions, at any timesuch that, have a family member or other representative accompany them in any consultation with The Bethel Methodist Home. (k) Upon recommendation of the Medical Director, after consultation with the ResidentProvider’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartmentsole determination, Resident agrees is a danger to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he himself or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Sectionothers.

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Knolls at Goshen shall exist and continue during Resident’s lifetime unless terminated as provided for in Section XI or Section XII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeKnolls at Goshen, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living Apartment, owned by Sponsor. Rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement. (b) Notwithstanding any other provisions in this Agreement, Sponsor may make alterations in the Independent Living Apartment to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) For the avoidance of doubt, any person not subject to a Residency Agreement shall have no legal right to reside at The Knolls at Goshen. No person other than Resident Resident, and second occupant, if applicable, may reside in the Independent Living Apartment except for occasional visits or with the express written approval of Sponsor. In the event a person who is not a party to a Residency Agreement is residing in an Independent Living Apartment with a Resident of The Knolls at Goshen, such person shall have no right to continue to reside in such Independent Living Apartment and shall immediately vacate the Independent Living Apartment if the Resident that is subject to the Residency Agreement for occupancy of such Independent Living Unit dies, vacates the apartment (whether due to transfer to a Nursing Bed, Xxxxxxxx Housing, or otherwise) or terminates this Agreement. (d) In the event that a person who is not a party to this Agreement (“New Person”) is accepted for residency in the Independent Living Apartment at a time subsequent to the date hereof (said acceptance to be in accordance with admission policies governing all other admissions), New Person shall sign this Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, thereafter pay the then current Second Person Monthly Fee. Such New Person will then become a Resident for purposes of this Agreement. (e) The Independent Living Apartment shall be used only for residential purposes and shall not be used for business or professional purposes, or in any manner in violation of zoning requirements. (f) Sponsor shall not be liable for, and Resident shall indemnify and hold Sponsor harmless from, any claims, damages or expenses, including attorneys’ fees and court costs, injury or death to persons and any damages to property caused by the negligent or intentional act or omission of Resident and any of Resident’s agents or guests. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor may remove and store such furniture, possessions and property at the expense of Resident or Resident’s estate. (i) Furnishings within the Independent Living Apartment will be provided by Resident. Furnishings provided by Resident shall not be such as to interfere with the health, safety and general welfare of other residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments. (j) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Independent Living Apartment, Resident agrees to assume residency in an Enriched Housing Apartment or the skilled nursing facility. If Resident moves to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Bethel Methodist HomeKnolls at Goshen. (k) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartment, Resident agrees to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in SectionSection XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Knolls at Goshen. (l) Resident acknowledges that Resident does not have any ownership interest in Sponsor. (m) Xxxxxxx agrees to provide a locking device on each entry to the Independent Living Apartments. Resident agrees that administrative and emergency personnel of Sponsor shall have access to the Independent Living Apartment at all times, and that housekeeping personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. (n) Resident agrees not to make any alterations to the Independent Living Apartment without the prior written approval of Sponsor, which approval can be withheld for any reason. (o) If the Medical Director, after consultation with Resident's attending physician and Resident, if he or she is competent, or, if he or she is not competent, with a representative of Resident, determines that Resident requires permanent care in an Enriched Housing Apartment or a Nursing Bed and the Independent Living Apartment is vacated, Sponsor shall have the right to assign the Independent Living Apartment for residency by others. If the Medical Director subsequently determines in consultation with Resident or Resident's attending physician that Resident can resume residency in accommodations equivalent to those he or she previously occupied, Resident shall have the right to relocate to such equivalent accommodations, as determined by The Knolls at Goshen, as soon as they are available. Sponsor shall determine the equivalency of accommodations. If the Independent Living Apartment is jointly occupied and one Resident transfers to an Enriched Housing Apartment or a Nursing Bed and the other Resident continues to reside in the Independent Living Apartment, the Independent Living Apartment would not be vacated for purposes of this paragraph. If the Medical Director subsequently determines, in consultation with Resident or Resident's attending physician, that Resident of a jointly occupied Independent Living Apartment can return to that Independent Living Apartment, Resident agrees to do so. (p) Although it is intended and expected that sufficient and appropriate facilities in skilled nursing shall be available to Resident, should Resident require skilled nursing services and a Nursing Bed is temporarily unavailable to Resident when required for those services, Sponsor shall arrange for the nursing care to be provided to Resident in another appropriate skilled nursing facility. Sponsor will use all reasonable efforts to find appropriate Nursing Beds in close proximity to Sponsor. Such care will be provided at Sponsor’s expense except for those items which would be at Resident’s expense if Resident were in the skilled nursing home pursuant to Section III of this Residency Agreement, such as prescription medications ordered by the Resident’s attending physician, over the counter health and beauty aids not stocked by the nursing home and similar items. Resident shall be transferred to a Nursing Bed as soon as appropriate space becomes available. (q) Sponsor’s obligation to provide services under this Agreement begins when Resident’s Independent Living Apartment is available for residency, Resident pays the balance of the Entrance Fee and the first month’s Monthly Fee, and Resident moves to The Knolls at Goshen. (r) If the spouse of a Resident fails to meet the entrance requirements for The Knolls at Goshen, the Resident may terminate this Agreement in accordance with Section XI and receive a refund pursuant to Section V(b) of this Agreement.

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Knolls at Goshen shall exist and continue during Resident’s lifetime unless terminated as provided for in Section XI or Section XII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeKnolls at Goshen, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living Apartment, owned by Sponsor. Rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement. (b) Notwithstanding any other provisions in this Agreement, Sponsor may make alterations in the Independent Living Apartment to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than Resident Resident, and second occupant, if applicable, may reside in the Independent Living Apartment except for occasional visits or with the express written approval of Sponsor. (d) In the event that a person who is not a party to this Agreement (“New Person”) is accepted for residency in the Independent Living Apartment at a time subsequent to the date hereof (said acceptance to be in accordance with admission policies governing all other admissions), New Person shall sign this Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, thereafter pay the then current Second Person Monthly Fee. Such New Person will then become a Resident for purposes of this Agreement. (e) The Independent Living Apartment shall be used only for residential purposes and shall not be used for business or professional purposes, or in any manner in violation of zoning requirements. (f) Sponsor shall not be liable for, and Resident shall indemnify and hold Sponsor harmless from, any claims, damages or expenses, including attorneys’ fees and court costs, injury or death to persons and any damages to property caused by the negligent or intentional act or omission of Resident and any of Resident’s agents or guests. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor may remove and store such furniture, possessions and property at the expense of Resident or Resident’s estate. (i) Furnishings within the Independent Living Apartment will be provided by Resident. Furnishings provided by Resident shall not be such as to interfere with the health, safety and general welfare of other residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments. (j) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Independent Living Apartment, Resident agrees to assume residency in an Enriched Housing Apartment or the nursing facility. If Resident moves to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Bethel Methodist HomeKnolls at Goshen. (k) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartment, Resident agrees to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in SectionSection XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Knolls at Goshen. (l) Resident acknowledges that Resident does not have any ownership interest in Sponsor. (m) Xxxxxxx agrees to provide a locking device on each entry to the Independent Living Apartments. Resident agrees that administrative and emergency personnel of Sponsor shall have access to the Independent Living Apartment at all times, and that housekeeping personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. (n) Resident agrees not to make any alterations to the Independent Living Apartment without the prior written approval of Sponsor, which approval can be withheld for any reason. (o) If the Medical Director, after consultation with Resident's attending physician and Resident, if he or she is competent, or, if he or she is not competent, with a representative of Resident, determines that Resident requires permanent care in an Enriched Housing Apartment or a Nursing Bed and the Independent Living Apartment is vacated, Sponsor shall have the right to assign the Independent Living Apartment for residency by others. If the Medical Director subsequently determines in consultation with Resident or Resident's attending physician that Resident can resume residency in accommodations equivalent to those he or she previously occupied, Resident shall have the right to relocate to such equivalent accommodations, as determined by The Knolls at Goshen, as soon as they are available. Sponsor shall determine the equivalency of accommodations. If the Independent Living Apartment is jointly occupied and one Resident transfers to an Enriched Housing Apartment or a Nursing Bed and the other Resident continues to reside in the Independent Living Apartment, the Independent Living Apartment would not be vacated for purposes of this paragraph. If the Medical Director subsequently determines, in consultation with Resident or Resident's attending physician, that Resident of a jointly occupied Independent Living Apartment can return to that Independent Living Apartment, Resident agrees to do so. (p) Although it is intended and expected that sufficient and appropriate facilities in the nursing home shall be available to Resident, should Resident require service in the nursing home and if space in the nursing home is temporarily unavailable to Resident when required for those services, Sponsor shall arrange for the nursing care to be provided to Resident in another appropriate nursing facility. Sponsor will use all reasonable efforts to find appropriate Nursing Beds in close proximity to Sponsor. Such care will be at Resident’s expense as if Resident were in the nursing home, such as costs and charges that are incurred not covered by Medicare Part A, prescription medications ordered by the Resident’s attending physician, over the counter health and beauty aids not stocked by the nursing home and similar items. Resident shall be transferred to a Nursing Bed as soon as appropriate space becomes available. (q) Sponsor’s obligation to provide services under this Agreement begins when Resident’s Independent Living Apartment is available for residency, Resident pays the balance of the Entrance Fee and the first month’s Monthly Fee, and Resident moves to The Knolls at Goshen. (r) If the spouse of a Resident fails to meet the entrance requirements for The Knolls at Goshen, the Resident may terminate this Agreement in accordance with Section XI and receive a refund pursuant to Section V(b) of this Agreement.

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Village at Proprietors Green shall exist and continue during Resident’s lifetime unless rescinded in accordance with Section X or terminated as provided for in Section XI VII or Section XIIVIII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeVillage at Proprietors Green, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living ApartmentApartment Home, which is owned by SponsorProvider. Rights The rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement, and Resident shall have no right to assign the Apartment Home for use by another person. (b) Notwithstanding any other provisions in this Agreement, Sponsor Provider may make alterations in the Independent Living Apartment Home to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than The Resident may reside in is understood to be the Independent Living sole occupant of the Apartment Home except for occasional visits or with the express written approval of SponsorProvider. (d) In the event that a Resident marries or desires that a person who is not a party to this Agreement (in either case, a “New Person”) is be accepted for residency as a second Resident in the Independent Living Resident’s Apartment Home at a time subsequent to the date hereof (hereof, the Resident shall apply to Provider for approval of the New Person as a second Resident. Provider shall process said acceptance to be application in accordance with admission policies residency criteria then-governing all other admissions)new residents. If accepted, the New Person shall be required to sign this Residency Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, the then current Second Person Monthly Fee. Such Fee and such New Person will then shall thereupon become a Resident for purposes of this Agreement. The current Second Person Monthly Fee is $*****, plus any adjustments implemented by Provider hereafter. If the New Person is not accepted as a Resident, such New Person shall not be permitted to occupy the apartment for more than thirty (30) days except with the express written approval of Provider. (e) When two Residents decide to jointly reside in the Apartment Home currently occupied by one of the Residents, both Residents’ must initiate termination of their Residency Agreements in accordance with Section VII of this Agreement, and Residents will sign a new Residency Agreement that sets forth the Monthly Fee payable when two persons are Residents pursuant to this Agreement. (f) When two Residents decide to jointly reside in an Apartment Home not occupied by either of them and to vacate the Apartment Homes currently occupied by each Resident, both Residents must initiate termination of their respective Residency Agreements, in accordance with Section VII of this Agreement, and sign a new Residency Agreement that sets forth the Monthly Fee payable when two persons are Residents pursuant to this Agreement. (g) The Independent Living Apartment shall be used only for residential purposes and Home shall not be used for business or professional purposes, or in any manner in violation of zoning requirementsrequirements or applicable law. (fh) Sponsor Neither Provider nor Manager shall not be liable for, and Resident shall indemnify be liable for and hold Sponsor harmless frompay for, any all loss, liability, claims, damages or and expenses, including attorneys’ reasonable attorney’s fees and court costs, of any injury or death to persons and any damages to property caused by the negligent or intentional related to any act or omission or any breach by Resident of his or her obligations under this Agreement, whether such act, omission or breach is accidental, negligent or intentional, of Resident and or of any guests or invitees of Resident’s agents or guests. Such payment obligations shall extend to third parties and to Provider and Manager. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (hi) In the event the removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor Provider may remove and store such furniture, possessions and property at and the expense of such removal and storage shall be charged to Resident or Resident’s estateby Provider. (ij) Furnishings within the Independent Living Apartment Home will be provided by Resident. Furnishings provided by Resident shall not not, in Provider’s sole discretion, be such as to interfere with the health, safety and general welfare of other Village at Proprietors Green residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments, employees or guests. (jk) Upon recommendation Resident agrees to voluntarily transfer from his/her Apartment Home if, as a result of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health health, the Village at Proprietors Green Resident Care Director determines that Resident poses a risk to the safety or welfare of Resident, or other condition Village at Proprietors Green residents, employees or guests. (l) Resident acknowledges that Village at Proprietors Green and Provider’s property, plant and equipment will be encumbered by a mortgage, the proceeds of which will be used to pay for development, construction or operation of Village at Proprietors Green or refinancing thereof. Resident’s rights under this Agreement shall be subordinate to all such mortgages and Resident shall not have personal liability for any such mortgage or indebtedness of Provider. Resident acknowledges that Resident does not have any ownership interest in Provider or in Provider’s assets. (m) Provider agrees to vacate provide a locking device on each entry to the Independent Living ApartmentApartment Homes. Resident agrees that emergency personnel of Provider shall have access to the Apartment Home at all times and that housekeeping and maintenance personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. (n) Resident agrees not to make any structural alterations to the Apartment Home. No other alterations shall be made by Resident without the prior written approval of Provider, which approval will not be unreasonably withheld. (o) Provider’s obligation to provide services under this Agreement begins when Resident’s Apartment Home is available for residency, and Resident pays the Monthly Fee for the first and last months of occupancy. (p) Resident agrees to assume residency in an Enriched Housing Apartment or the nursing facility. If Resident moves abide by all rules and regulations relating to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident Village at Proprietors Green and Resident’s attending physician. In the event of disagreement, the decision shall be referred use and occupancy thereof as adopted or modified by Provider from time to Sponsor as provided in Section XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Bethel Methodist Home. (kq) Upon recommendation of the Medical DirectorResident will be deemed ineligible to reside in an Apartment Home if he/she exhibits health conditions, after consultation with the Residentsuch that, in Provider’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartmentsole determination, Resident agrees is a danger to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he himself or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Sectionothers.

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Overlook shall exist and continue during Resident’s lifetime unless rescinded in accordance with Section I or terminated as provided for in Section XI or Section XII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeOverlook, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living Apartmentindependent living residence, owned by Sponsor. Rights The rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement, and Resident shall have no right to assign the residence for use by another. (b) Notwithstanding any other provisions in this Agreement, Sponsor may make alterations in the Independent Living Apartment independent living residence to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than Resident may reside in the Independent Living Apartment independent living residence except for occasional visits or with the express written approval of Sponsor. (d) In the event that a person who is not a party to this Agreement (“New Person”) is accepted for residency as a second Resident in the Independent Living Apartment Resident’s independent living residence at a time subsequent to the date hereof (said acceptance to be in accordance with admission policies governing all other admissions), New Person shall sign this Residency Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, the then current Second Person Monthly Fee. Such New Person will then become a Resident for purposes of this Agreement. (e) The Independent Living Apartment independent living residence shall be used only for residential purposes and shall not be used for business or professional purposes, or in any manner in violation of zoning requirementsrequirements or applicable law. (f) Sponsor shall not be liable for, and Resident shall indemnify be liable for and hold Sponsor harmless frompay for, any all loss, liability, claims, damages or expenses, including attorneys’ fees and court costs, injury or death to persons and any damages to property caused by the an accidental, negligent or intentional act or omission of Resident and any of Resident’s agents or guests. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event that removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor may remove and store such furniture, possessions and property at the expense of Resident or Resident’s estate. (ih) Furnishings within the Independent Living Apartment independent living residence will be provided by Resident. Furnishings provided by Resident shall not not, in Sponsor’s sole discretion, be such as to interfere with the health, safety and general welfare of other residentsOverlook Residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments. (ji) Upon recommendation A Resident in an independent living residence agrees to transfer from his/her residence to the enhanced living or skilled nursing residence when The Overlook’s interdisciplinary team decides a transfer is necessary. Resident may request such transfer to a higher level of care, but such transfer is subject to The Overlook’s interdisciplinary team’s review and discretion. A transfer may be necessary as a result of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health health, the Resident posing a risk to the safety or welfare of other condition for Residents or some other condition. The same transfer rule would apply when the transfer is from any other level of care in a residence operated by Overlook Masonic Health Center, Inc. If a Resident moves to vacate an enhanced living or skilled nursing residence and the Independent Living Apartmentinterdisciplinary team determines the Resident is capable of independent living once again, the Resident agrees to assume residency in an Enriched Housing Apartment or independent living residence. The interdisciplinary team may consist of Overlook Masonic Health Center Inc.’s Medical Director, The Overlook’s designee, other medical personnel and healthcare professionals, the nursing facility. If Resident moves to an Enriched Housing Apartment or Nursing Bed Resident, the Resident’s representative and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living ApartmentResident’s personal physician. In making such transfer decisions, the Medical Director Sponsor will always consult with Resident, Resident if he or she is competent, or, if he or she is not competent, a the Resident’s representative of Resident and Resident’s attending personal physician. All determinations to transfer or change a Resident’s accommodation shall be based on a current assessment of Resident’s condition and describe why the Resident’s health care needs cannot reasonably be met at Resident’s present location. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section XIII. (j) Resident acknowledges that The Overlook and Sponsor’s property, plant and equipment will be encumbered by a mortgage, the proceeds of which will be used to pay for development, construction or operation of The Overlook or refinancing thereof. Resident’s rights under this Agreement are subordinate to all such mortgages. Resident can, at shall not have personal liability for any time, such mortgage indebtedness. Resident acknowledges that Resident does not have a family member any ownership interest in Sponsor or other representative accompany them in any consultation with The Bethel Methodist HomeSponsor’s property. (k) Upon recommendation Sponsor agrees to provide a locking device on each entry to the independent living residences. Resident agrees that emergency personnel of Sponsor shall have access to the Medical Directorindependent living residence at all times and that housekeeping and maintenance personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. (l) Resident agrees not to make any alterations to its residence without the prior written approval of Sponsor or Overlook Masonic Health Center, after consultation with Inc., as applicable, which approval will not be unreasonably withheld. (m) If Resident is transferred pursuant to subparagraph (i) of this Section, Sponsor shall have the right to assign the Resident’s personal physician, that it is necessary or appropriate independent living residence for residency by reason of others. If Resident’s physical condition subsequently changes and Resident can resume residency in accommodations equivalent to those he or mental health or other condition for Resident to vacate the Enriched Housing Apartmentshe previously occupied, Resident agrees to assume residency in a Nursing Bedrelocate to such equivalent accommodations as soon as they are available. If the independent living residence is jointly occupied and one Resident moves transfers to a Nursing Bed an enhanced living or skilled nursing residence and the Medical Director later determines other Resident continues to reside in the independent living residence, the independent living residence would not be vacated for purposes of this paragraph. (n) Although it is capable intended and expected that sufficient and appropriate facilities in Overlook Masonic Health Center, Inc.’s enhanced living and skilled nursing residence shall be available to Resident should Resident require service in the enhanced living or skilled nursing residence, and if space in such residence is temporarily unavailable to Resident when required for those services, and Sponsor receives authorization for such services from Resident, Sponsor shall arrange for such care to be provided to Resident in another appropriate facility. Such care will be at Sponsor’s expense except for those items which would be at Resident’s expense if Resident were in Overlook Masonic Health Center Inc.’s enhanced living or skilled nursing. If the enhanced living or skilled nursing residence and all other area facilities offering the needed services are full, Sponsor will arrange for, and pay for, home health care services until space is available. (o) Sponsor’s obligation to provide services under this Agreement begins when Resident’s independent living residence is available for residency, and Resident pays the balance of living in enriched housing, the Entrance Fee and the first month’s Monthly Fee. (p) Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident abide by all rules and regulations relating to The Overlook and Resident’s attending physician. In the event of disagreement, the decision shall be referred use and occupancy thereof as adopted or modified by Sponsor from time to Sponsor as provided in Sectiontime.

TERMS OF RESIDENCY. (a) Resident’s right to reside at The Bethel Methodist Home Knolls at Goshen shall exist and continue during Resident’s lifetime unless terminated as provided for in Section XI or Section XII. It is expressly understood and agreed by the parties hereto that this Agreement grants Resident a right to reside in and use space at The Bethel Methodist HomeKnolls at Goshen, subject to the terms of this Agreement, and it is understood that this Agreement is not a lease or easement and does not transfer or grant to Resident any interest in real property, including the Independent Living Apartment, owned by Sponsor. Rights of Resident under this Agreement are not assignable and no rights or benefits hereunder shall inure to the use or benefit of the heirs, legatees, assignees or representatives of Resident, unless expressly provided in this Agreement. (b) Notwithstanding any other provisions in this Agreement, Sponsor may make alterations in the Independent Living Apartment to meet the requirements of any applicable statute, law or regulation of the federal, state or municipal government. (c) No person other than Resident Resident, and second occupant, if applicable, may reside in the Independent Living Apartment except for occasional visits or with the express written approval of Sponsor. (d) In the event that a person who is not a party to this Agreement (“New Person”) is accepted for residency in the Independent Living Apartment at a time subsequent to the date hereof (said acceptance to be in accordance with admission policies governing all other admissions), New Person shall sign this Agreement and pay the then applicable Second Person Entrance Fee, and for each month thereafter, thereafter pay the then current Second Person Monthly Fee. Such New Person will then become a Resident for purposes of this Agreement. (e) The Independent Living Apartment shall be used only for residential purposes and shall not be used for business or professional purposes, or in any manner in violation of zoning requirements. (f) Sponsor shall not be liable for, and Resident shall indemnify and hold Sponsor harmless from, any claims, damages or expenses, including attorneys’ fees and court costs, injury or death to persons and any damages to property caused by the negligent or intentional act or omission of Resident and any of Resident’s agents or guests. (g) Resident shall carry “tenant insurance” covering Resident’s personal belongings and liability insurance in the amount of at least $500,000 combined single limit. Proof of such coverage shall be provided to Sponsor prior to Resident occupying the Independent Living Apartment. (h) In the event removal of Resident’s property is not accomplished within thirty (30) days after termination of residency by reason of death or otherwise, Sponsor may remove and store such furniture, possessions and property at the expense of Resident or Resident’s estate. (i) Furnishings within the Independent Living Apartment will be provided by Resident. Furnishings provided by Resident shall not be such as to interfere with the health, safety and general welfare of other residents. Sponsor shall provide blinds on all windows. Resident is responsible for the cost of purchasing and installing additional window treatments. (j) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Independent Living Apartment, Resident agrees to assume residency in an Enriched Housing Apartment or the nursing facility. If Resident moves to an Enriched Housing Apartment or Nursing Bed and the Medical Director later determines Resident is capable of independent living, Resident agrees to assume residency in an Independent Living Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in Section XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Bethel Methodist HomeKnolls at Goshen. (k) Upon recommendation of the Medical Director, after consultation with the Resident’s personal physician, that it is necessary or appropriate by reason of Resident’s physical or mental health or other condition for Resident to vacate the Enriched Housing Apartment, Resident agrees to assume residency in a Nursing Bed. If Resident moves to a Nursing Bed and the Medical Director later determines Resident is capable of living in enriched housing, Resident agrees to assume residency in an Enriched Housing Apartment. In making such decisions, the Medical Director will consult with Resident, if he or she is competent, or, if he or she is not competent, a representative of Resident and Resident’s attending physician. In the event of disagreement, the decision shall be referred to Sponsor as provided in SectionSection XIII. Resident can, at any time, have a family member or other representative accompany them in any consultation with The Knolls at Goshen. (l) Resident acknowledges that Resident does not have any ownership interest in Sponsor. (m) Xxxxxxx agrees to provide a locking device on each entry to the Independent Living Apartments. Resident agrees that administrative and emergency personnel of Sponsor shall have access to the Independent Living Apartment at all times, and that housekeeping personnel shall have access at scheduled times. Resident agrees not to place any additional locking devices on entry doors. (n) Resident agrees not to make any alterations to the Independent Living Apartment without the prior written approval of Sponsor, which approval can be withheld for any reason. (o) If the Medical Director, after consultation with Resident's attending physician and Resident, if he or she is competent, or, if he or she is not competent, with a representative of Resident, determines that Resident requires permanent care in an Enriched Housing Apartment or a Nursing Bed and the Independent Living Apartment is vacated, Sponsor shall have the right to assign the Independent Living Apartment for residency by others. If the Medical Director subsequently determines in consultation with Resident or Resident's attending physician that Resident can resume residency in accommodations equivalent to those he or she previously occupied, Resident shall have the right to relocate to such equivalent accommodations, as determined by The Knolls at Goshen, as soon as they are available. Sponsor shall determine the equivalency of accommodations. If the Independent Living Apartment is jointly occupied and one Resident transfers to an Enriched Housing Apartment or a Nursing Bed and the other Resident continues to reside in the Independent Living Apartment, the Independent Living Apartment would not be vacated for purposes of this paragraph. If the Medical Director subsequently determines, in consultation with Resident or Resident's attending physician, that Resident of a jointly occupied Independent Living Apartment can return to that Independent Living Apartment, Resident agrees to do so. (p) Although it is intended and expected that sufficient and appropriate facilities in the nursing home shall be available to Resident, should Resident require service in the nursing home and a Nursing Bed in the nursing home is temporarily unavailable to Resident when required for those services, Sponsor shall arrange for the nursing care to be provided to Resident in another appropriate nursing facility. Sponsor will use all reasonable efforts to find appropriate Nursing Beds in close proximity to Sponsor. Such care will be at Resident’s expense as if Resident were in the nursing home, such as costs and charges that are incurred not covered by Medicare Part A, prescription medications ordered by the Resident’s attending physician, over the counter health and beauty aids not stocked by the nursing home and similar items. Resident shall be transferred to a Nursing Bed as soon as appropriate space becomes available. (q) Sponsor’s obligation to provide services under this Agreement begins when Resident’s Independent Living Apartment is available for residency, Resident pays the balance of the Entrance Fee and the first month’s Monthly Fee, and Resident moves to The Knolls at Goshen. (r) If the spouse of a Resident fails to meet the entrance requirements for The Knolls at Goshen, the Resident may terminate this Agreement in accordance with Section XI and receive a refund pursuant to Section V(b) of this Agreement.