DEMISED PREMISES AND PERSONAL PROPERTY Clause Samples

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the Rent to be paid and the other covenants and agreements hereinafter reserved, mentioned and contained to be kept and performed by Lessee and its successors and assigns, does hereby lease unto Lessee the Leased Property for the Term, for use and operation therein and thereon of Medicaid and Medicare certified skilled and intermediate care nursing home facilities, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of Nebraska and such other governmental authorities having jurisdiction thereof, each Facility Property having no less than the number of licensed Medicare and Medicaid certified beds as set forth in the first recital of this Lease for such Facilities, and for any other purpose authorized by Lessor in writing and for no other purpose. 2.2 This Lease constitutes one indivisible lease of the entire Leased Property. The Leased Property constitutes one economic unit and the Base Rent and all other provisions have been negotiated and agreed to based on a lease of all of the Leased Property as a single, composite, inseparable transaction. This Lease would not have been made on these terms if it was not a single indivisible lease. Except as expressly provided herein for specific, isolated purposes (and then only to the extent expressly otherwise stated), all provisions of this Lease shall apply equally and uniformly to all the Leased Property as one unit and any Event of Default under this Lease is an Event of Default as to the entire Leased Property. The parties intend that the provisions of this Lease shall at all times be construed, interpreted and applied so as to carry out their mutual objective to create a single indivisible lease of all the Leased Property, and in particular but without limitation, that for purposes of any assumption, rejection or assignment of this Lease under the Bankruptcy Code, this is one indivisible and nonseverable lease and executory contract dealing with one legal and economic unit which must be assumed, rejected or assigned as a whole with respect to all (and only all) the Leased Property covered hereby. The parties agree that the existence of more than one Lessor under this Lease does not affect the indivisible, nonseverable nature of this Lease. The parties may amend this Lease from time to time to include one or more additional Facilities as part of the Leased Property and such future addition to the Lease...

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, and covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be kept and performed, does hereby Lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the term hereinafter specified, for use and operation therein and thereon of a 128 bed skilled and/or intermediate care nursing home, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of Arizona and such other governmental authorities having jurisdiction thereof.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be paid, kept and performed, does hereby lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the Term hereinafter specified, for use and operation therein and thereon of a skilled and/or intermediate care nursing home and assisted living facility, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of New Mexico and such other governmental authorities having jurisdiction thereof and having no less than seventy (70) skilled and/or intermediate care beds and ten (10) assisted living units and for any other purpose authorized by Lessor in writing and for no other purpose.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be paid, kept and performed, does hereby lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the Term hereinafter specified, for use and operation therein and thereon of a skilled and/or intermediate care nursing home, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of Connecticut and such other governmental authorities having jurisdiction thereof and having no less than one hundred fifty (150) beds and for any other purpose authorized by Lessor in writing and for no other purpose.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be paid, kept and performed, does hereby lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the Term hereinafter specified, for use and operation therein and thereon of a skilled and/or intermediate care nursing home, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of California and such other governmental authorities having jurisdiction thereof and having no less than fifty nine (59) beds and for any other purpose authorized by Lessor in writing and for no other purpose.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Landlord, for and in consideration of the Base Rent to be paid and the other covenants and agreements hereinafter to be kept and performed by Tenant and its successors and assigns, does hereby lease unto Tenant the Leased Property for the Term, for use and operation therein and thereon of Medicaid and Medicare certified skilled nursing facilities and an RCFE, as set forth in the recitals to this Lease, in compliance in all material respects with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of California and such other governmental authorities having jurisdiction thereof, each Facility having no less than the number of licensed Medicare and Medicaid certified beds, or licensed RCFE beds, as the case may be, required under this Lease, and for any other purpose authorized by Landlord in writing and for no other purpose. Notwithstanding anything to the contrary contained in this Lease, for purposes of this Lease, any bed that is voluntarily taken out of service or de-certified by Tenant in accordance with applicable law and for customary and prudent business purposes shall still be counted for purposes of the foregoing (and any similar) covenant contained herein provided that Tenant obtains Landlord’s written consent (not to be unreasonably withheld, conditioned or delayed) before voluntarily de-certifying any bed for reasons other than compliance with the requirements of applicable regulatory authorities or compliance with Tenant’s other obligations under this Lease. 2.2 This Lease constitutes one indivisible lease of the Leased Property. The Leased Property constitutes one economic unit and the Base Rent and all other provisions have been negotiated and agreed to based on a lease of all of the Leased Property as a single, composite, inseparable transaction. This Lease would not have been made on these terms if it was not a single indivisible lease. Except as expressly provided herein for specific, isolated purposes (and then only to the extent expressly otherwise stated), all provisions of this Lease shall apply equally and uniformly to all the Leased Property as one unit and any Event of Default under this Lease is an Event of Default as to the entire Leased Property. The parties intend that the provisions of this Lease shall at all times be construed, interpreted and applied so as to carry out their mutual objective to create a single indivisible lease of all the Leased Property, and in particular b...

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be paid, kept and performed, does hereby lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the Term hereinafter specified, for use and operation therein and thereon of a skilled and/or intermediate care nursing home, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of Washington and such other governmental authorities having jurisdiction thereof and having no less than one hundred twenty three (123) beds and for any other purpose authorized by Lessor in writing and for no other purpose.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 Lessor, for and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of the Lessee, its successors and assigns, to be paid, kept and performed, does hereby lease unto Lessee the Demised Premises together with the Personal Property to be used in and upon the Demised Premises for the Term hereinafter specified, for use and operation therein and thereon of a skilled and/or intermediate care nursing home, in full compliance with all the rules and regulations and minimum standards applicable thereto, as prescribed by the State of Illinois and such other governmental authorities having jurisdiction thereof and having no less than one hundred twenty (120) beds and for any other purpose authorized by Lessor in writing and for no other purpose.

DEMISED PREMISES AND PERSONAL PROPERTY. 2.1 For and in consideration of the Rent to be paid and the other covenants and agreements hereinafter to be kept and performed by the parties, Landlord does hereby lease unto Tenant, and Tenant does hereby lease from Landlord, the Leased Property for the Term, for use and operation therein and thereon for the Permitted Use. 2.2 Except in the circumstance of any unavoidable Casualty, throughout the Term, Tenant shall use or cause the Demised Premises to be used continuously for the Permitted Use. 2.3 Upon the expiration or termination of this Lease for any reason, the Demised Premises, with the improvements located therein and all the Landlord’s Personal Property shall be surrendered in good order, condition and repair (ordinary wear and tear excepted). 2.4 Landlord and Tenant agree that this Lease constitutes a single and indivisible lease as to all of the Demised Premises collectively and shall not be subject to severance or division unless and to the extent, pursuant to Section 18.5, Landlord elects to effect a partial assignment of this Lease. In furtherance of and subject to the foregoing, Landlord and Tenant each (a) waives any claim or defense based upon the characterization of this Lease as anything other than a master lease of all the Demised Premises and irrevocably waives any claim or defense that asserts that this Lease is anything other than a master lease, (b) covenants and agrees that it will not assert that this Lease is anything but a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Premises, (c) stipulates and agrees not to challenge the validity, enforceability or characterization of this Lease of the Demised Premises as a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Premises, and (iv) shall support the intent of the parties that this Lease is a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Premises, if, and to the extent that, any challenge occurs. To the extent that legal, tax or title insurance requirements in connection with the purchase of the Demised Premises by Landlord or the leasing thereof to Tenant, may require, or may have required, individual rent allocations (including allocations of rents in certain states for tax purposes), Landlord and Tenant agree that such individual allocations are solely to comply with legal, tax or title insurance requirements, and shal...