Common use of TRANSFER OF OPERATIONAL CONTROL OF THE FACILITY Clause in Contracts

TRANSFER OF OPERATIONAL CONTROL OF THE FACILITY. Tenant shall cooperate in transferring operational control of the Facility to Landlord or Landlord's nominee if the Term expires without extension or renewal by Tenant, or if this Lease is terminated upon the occurrence of an Event of Default or for any other reason, and shall use its best efforts, (without incurring material cost or liability except after Event of Default), to accomplish such transfer with minimal disruption of the business conducted at the Facility. To that end, pending completion of the transfer of operational control of the Facility to Landlord or its nominee, Tenant agrees that: (a) Tenant will not terminate the employment of any employees without just cause, or change any salaries (other than normal merit raises and the pre-announced wage increases of which Landlord has knowledge) or employment agreements without Landlord's consent of Landlord other than customary raises to non-officers at regular review dates, and will not hire additional employees except in good faith in the ordinary course of business. (b) Tenant will provide all necessary information requested by Landlord or its nominee for the preparation and filing of any and all necessary applications or notifications of any federal or state governmental authority having jurisdiction over a change in the operational control of the Facility, and Tenant will use its best efforts, (without incurring material cost or liability except after an Event of Default), to cause the operating health care license to be transferred to Landlord or Landlord's nominee. (c) Tenant shall continue to operate the business in accordance with reasonable and standard industry practices to keep the business and organization of the Facility intact and to preserve for Landlord or its nominee the goodwill of the suppliers, distributors, residents and others having business relations with Tenant with respect to the Facility. (d) Tenant shall engage only in transactions or other activities with respect to the Facility which are in the ordinary course of its business and shall perform all maintenance and repairs reasonably necessary to keep the Facility in satisfactory operating condition and repair, and shall maintain the supplies and foodstuffs at levels which are consistent and in compliance with all health care regulations, and shall not sell or remove any personal property except in the ordinary course of business. (e) Tenant shall cooperate fully with Landlord or its nominee in supplying any information that may be reasonably required to effect an orderly transfer of the Facility. (f) Tenant shall provide Landlord or its nominee with full and complete information regarding the employees of the Facility and shall reimburse Landlord or its nominee for all outstanding accrued employee benefits, including accrued vacation, sick and holiday pay calculated on a true accrual basis, including all earned and a prorated portion of all unearned benefits. (g) Tenant shall use its best efforts, (without incurring material cost or liability except after Event of Default), to obtain the acknowledgment and the consent of any creditor, Landlord or sublandlord, mortgagee, beneficiary of a deed of trust or security agreement affecting the real and personal properties of Tenant or any other party whose acknowledgment and/or consent would be required because of a change in the operational control of the Facility and transfer of personal property.