Common use of Operating Standard Clause in Contracts

Operating Standard. (a) If the Facility is not subject to a Permitted Facility Sublease pursuant to Section 22.3(v), then Tenant shall cause the Facility to be Operated (as defined in the MLSA) in a Non-Discriminatory (as defined in the MLSA) manner, in accordance with the Operating Standard (as defined in the MLSA) and subject to Manager’s Standard of Care (as defined in the MLSA) (in each case as and to the extent required under the MLSA, including as provided in Section 2.1.1, Section 2.1.2, Section 2.1.3, Section 2.1.4, Section 2.3.1, and Section 2.3.2 of the MLSA, but subject to Section 5.9.1 of the MLSA), in each case except to the extent failure to do so does not result in a material adverse effect on Landlord (taken as a whole with “Landlord” as defined under the Non-CPLV Lease) or on the Facility (taken as a whole with the Non-CPLV Facilities). For avoidance of doubt, the provisions of this Section 7.5 and Section 16.1(f) hereof shall continue to apply even if the Facility is being managed pursuant to a Replacement Management Agreement. (b) If the Facility is subject to a Permitted Facility Sublease pursuant to Section 22.3(v), then Tenant shall (for so long as the Facility is subject to a Permitted Facility Sublease) cause the Facility to be operated, managed, used, maintained and repaired in all material respects, in accordance with the Applicable Standards.