Common use of Use of the Leased Property Clause in Contracts

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations and approvals needed to use and operate the Leased Property, all Capital Additions and the Facility for the Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions and the improvements thereon for the Primary Intended Use. Lessee shall not use the Leased Property, any Capital Additions or any part(s) thereof for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the Facility in accordance with the Primary Intended Use. Lessee shall devote the entirety of the Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Resident Revenues or the Fair Market Value of the Facility. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for the Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of the Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with professional standards of patient or resident care practice. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations authorization and approvals needed to use and operate the Leased Property, all Capital Additions and the each Facility for the such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions and the improvements thereon of each Facility for the its Primary Intended Use. Lessee shall not use the Leased Property, any Capital Additions or any part(s) thereof for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the each Facility in accordance with the its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entirety of the each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, office or storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross Resident Revenues or the Fair Market Value of the any such Facility. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for the each Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of the each Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with professional the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or LesseeLxxxxx’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair LessorLxxxxx’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations and approvals needed to use and operate the Leased Property, all Capital Additions and the each Facility for the such Facility's respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions and the improvements thereon of each Facility for the Primary Intended UseUse of such Facility. Lessee shall not use the Leased Property, any Capital Additions or any part(s) thereof for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the each Facility in accordance with the Primary Intended UseUse of such Facility. Lessee shall devote the entirety of the each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the a Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Resident Revenues gross revenues or the Fair Market Value fair market value of any Facility. 7.2.4 Lessee shall conduct its business at each Facility in conformity with the customary standards of patient or resident care practice provided in similar good-quality facilities in the State. Without limiting the generality of the Facility. foregoing, Lessee shall at all times exercise commercially reasonable efforts to maintain an adequate staff for the service of its residents and/or patients, patients in each case assuming an occupancy and/or use level for the Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts compliance with all Legal Requirements and abilities to operate the entirety of the Facility in otherwise consistent with such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with professional standards of patient or resident care practicepractice customarily provided in other similar facilities operated by Lessee. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee’s 's Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor’s 's title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations authorization and approvals needed to use and operate the Leased Property, all Capital Additions Property and the Facility for the Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and and, if appropriate, Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions Property and the improvements thereon for the their Primary Intended Use. Lessee shall not use the Leased Property, Property or any portion thereof or any Capital Additions or any part(s) thereof Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the Facility thereto in accordance with the its Primary Intended Use. Lessee shall devote the entirety of the entire Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, office or storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Resident Revenues or the Fair Market Value of the FacilityRevenues. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for the Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of the Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with professional prudent standards of patient or resident care practice. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations authorization and approvals needed to use and operate the Leased Property, all Capital Additions and the each Facility for the such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions and the improvements thereon of each Facility for the its Primary Intended Use. Lessee shall not use the Leased Property, any Capital Additions or any part(s) thereof for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the each Facility in accordance with the its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entirety of the each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, office or storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross Resident Revenues or the Fair Market Value of the any such Facility. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for the each Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of the each Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with professional the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or LesseeXxxxxx’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair LessorXxxxxx’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorizations authorization and approvals needed to use and operate the Leased Property, all Capital Additions and the each Facility for the such Facility's respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property, all Capital Additions and the improvements thereon of each Facility for the its Primary Intended Use. Lessee shall not use the Leased Property, any Capital Additions or any part(s) thereof for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions of the each Facility in accordance with the its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entirety of the each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, office or storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross Resident Revenues or the Fair Market Value of the any such Facility. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for the each Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of the each Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with professional the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee’s 's Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor’s 's title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.