Common use of Radius Restriction Clause in Contracts

Radius Restriction. Neither Tenant nor any Person which controls or is controlled by or is under common control or common ownership with Tenant, shall directly or indirectly manage, operate or hold an ownership interest in any Medical Building (as defined herein) in the Restricted Area (as defined herein). For the purpose of this Lease, the term “Restricted Area” shall mean and refer to the areas currently comprising and serviced by the United States Postal Service Zip Codes identified on Exhibit 5.4 attached hereto and incorporated herein. For purposes of this Lease, “Medical Building” means a building having the following attributes: (a) rentable building area of more than 10,000 square feet; and (b) used by or leased (or marketed for lease or sale) to one or more physicians, physician groups and/or healthcare professionals. This Section 5.4 shall be binding upon any future owner of the MOB that succeed to Tenant’s interest under this Lease, and shall continue to be binding upon and inure to the benefit of Landlord, and its successors and assigns. Upon a sale or other transfer of all of Tenant’s interest in the MOB to an entity which is not an Affiliate of Tenant as the same is permitted under this Lease, Tenant shall be automatically released from the restrictions of this Section. Notwithstanding anything contained herein to the contrary, the Radius Restriction shall not be applicable to CMH (as hereafter defined) or any successor Landlord or its or their Affiliates and CMH or any successor Landlord or its or their Affiliates are expressly exempted therefrom.

Radius Restriction. Neither Tenant nor any Person Person, which controls or is controlled by or is under common control or common ownership with Tenant, shall directly or indirectly manage, operate or hold an ownership interest in any Medical Building (as defined herein) in the Restricted Area (as defined herein). For the purpose of this Lease, the term “Restricted Area” shall mean and refer to the areas currently comprising and serviced by the United States Postal Service Zip Codes identified on Exhibit 5.4 attached hereto and incorporated herein. For purposes of this Lease, “Medical Building” means a building having the following attributes: (a) rentable building area of more than 10,000 square feet; and (b) used by or leased (or marketed for lease or sale) to one or more physicians, physician groups and/or healthcare professionals. This Section 5.4 shall be binding upon any future owner of the MOB that succeed to Tenant’s interest under this Lease, and shall continue to be binding upon and inure to the benefit of Landlord, Landlord and its CMH and their respective successors and assigns. Upon a sale or other transfer of all of Tenant’s interest in the MOB to an entity which is not an Affiliate (as defined herein) of Tenant as the same is permitted under this Lease, Tenant shall be automatically released from the restrictions of this Section. Notwithstanding anything contained herein to the contrary, the Radius Restriction shall not be applicable to CMH (as hereafter defined) or any successor Landlord or its or their Affiliates and CMH or any successor Landlord or its or their Affiliates are expressly exempted therefrom.