Common use of DEMISED PREMISES AND PERSONAL PROPERTY Clause in Contracts

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 Leased Property shall not in any way change the indivisible and nonseverable nature of this Lease and all of the foregoing provisions shall continue to apply in full force.