Common use of Use of Leased Property Clause in Contracts

Use of Leased Property. Tenant shall use and occupy the Leased Property exclusively for the Facility Uses specified for each Facility and for all lawful and licensed ancillary uses, including the operation of an Alzheimer's Memory Loss Unit (provided that Tenant will not change the number of existing Alzheimer units without Landlord's prior consent), provided Tenant complies with all applicable Legal Requirements, and for no other purpose without the prior written consent of Landlord. Tenant shall obtain and maintain all approvals, licenses, and consents needed to use and operate the Leased Property as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any governmental agency within 10 Business Days after Tenant’s receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without limitation, Tenant’s covenant to do the following: (a) to operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, permits, certificates of need, third party reimbursement contracts, and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in the Medicaid or other applicable reimbursement programs in which the Facility participates to remain in effect without reduction in the number of licensed units or units authorized for use in the Medicaid reimbursement programs (unless Tenant first obtains the prior consent of Landlord to such reduction, which consent may be withheld in its sole discretion); (b) to maintain sufficient inventory and equipment of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; (c) to keep all Improvements, Fixtures and equipment located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACE (d) to maintain sufficient cash in its operating accounts in order to satisfy the working capital needs of the Facility.

Use of Leased Property. Tenant Section 5.1 (i) The Leased Property shall use be used solely as a fluid, multi-purpose office and occupy community event space that is utilized during the annual CNE and throughout the balance of the year. Notwithstanding the prohibited uses specified in subsection 5.2, the gallery space within the Leased Property exclusively comprised of pods A, B, C and D as identified in Schedule “B” cumulatively totaling 2,554 square feet may be used for Licensee’s intimate and exclusive workshops, community and social events related to the gallery space and associated activities provided the attendance in the gallery space shall not exceed 120 persons at any such event. Notwithstanding the foregoing, the Tenant shall not use the gallery space for corporate meetings, exhibitions or social functions that could otherwise be facilitated at the Enercare or Beanfield Centres. (ii) Schedule “B” attached to this term sheet indicates equipment areas within the Building which are excluded from the Leased Property and ownership remain in the control of the Landlord. Except in cases of emergency, the Landlord will ensure that its access to or work within these excluded areas is performed so as not to unduly interfere with the Tenant’s Use of the Leased Property. (iii) The following rights are hereby reserved by the Landlord: a. The right of the Landlord, its authorized employees and agents to pass through the Leased Property to gain access to the IT Hub room shown on Schedule "B" for the Facility Uses specified operation, maintenance, repair, removal and replacement of equipment contained therein, and to the electrical panel in the south wall. Such rights will be exercised on not less than 24 hours' prior notice to the Tenant, except in the case of emergency, when no notice shall be required. The Landlord shall be responsible for each Facility and for all lawful and licensed ancillary uses, including any damage caused to the operation of an AlzheimerTenant's Memory Loss Unit (provided that Tenant will not change property or the number of existing Alzheimer units without Leased Property by the Landlord's prior consent), provided Tenant complies with all applicable Legal Requirementsemployees or agents who pass through the Leased Property in the exercise of such access rights; b. If the Landlord leases the Parking Services Office to a third party at any time during the term of the Lease, and such third party will require access to the washrooms within the Leased Property, the Landlord shall advise the third party that a cost sharing agreement shall be required related to the costs for no other purpose without the prior written consent cleaning and maintenance of the washrooms. c. The right of the Landlord. Tenant shall obtain , the tenant(s) of the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Theatre and maintain all approvalsthe Fountain Dining Room and their employees and invitees, licenses, and consents needed to use and operate the corridor at the rear of the Leased Property as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any governmental agency within 10 Business Days after Tenant’s receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without limitation, Tenant’s covenant to do the following: (a) to operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, permits, certificates of need, third party reimbursement contracts, and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in the Medicaid or other applicable reimbursement programs in which the Facility participates to remain in effect without reduction in the number of licensed units or units authorized for use in the Medicaid reimbursement programs (unless Tenant first obtains the prior consent of Landlord to such reduction, which consent may be withheld in its sole discretion); (b) to maintain sufficient inventory and equipment of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; (c) to keep all Improvements, Fixtures and equipment located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and an emergency exit from time to time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACE (d) to maintain sufficient cash in its operating accounts in order to satisfy the working capital needs of the Facilitythose premises.

Use of Leased Property. 6.01. The Leased Property is leased to Tenant for use by Tenant solely for use as Administrative Offices or any other lawful purpose. Landlord shall maintain reasonable approval rights for any other use. Tenant shall not use or suffer to be used the Leased Property, or any portion thereof, for any other purpose or purposes whatsoever. 6.02. Tenant shall at all times, during the term hereof, comply with all governmental rules, regulations, ordinances, statutes and occupy laws, and the orders and regulators of the Insurance Services Office or any other body now or hereafter exercising similar functions, now or hereafter in effect pertaining to the Building, the Leased Property exclusively or Tenant's use thereof and, subject to Section 7 hereof, Tenant shall make all necessary or appropriate changes or repairs whether ordinary or extra-ordinary, foreseen or unforeseen, required thereby. Tenant shall not do, or permit or suffer anything to be done or kept in, on or about the Leased Property which will obstruct or interfere with the rights of other tenants, Landlord or any of their agents, employees, servants, contractors, subtenants, licensees, customers or business invitees, or which will annoy any of them by unreasonable noise or otherwise, nor will Tenant commit or permit any nuisance in, on or about the Leased Property or permit any immoral or illegal act to be committed in, on or about said Leased Property. Except as provided for elsewhere herein, Tenant shall maintain the Leased Property in good condition and repair, including, but without limitation, the exterior and interior portion of all doors, plate glass, all plumbing and sewage facilities within the Leased Property (including maintaining free flow up to the main sewer line); interior fixtures, walls, floors and ceilings in the Leased Property; and any work performed by or on behalf of Tenant hereunder. Tenant's obligation for maintenance and repair does not extend to structural portions of the building, exterior roof, walls, foundations, parking lot and any and all offsite improvements and systems. 6.03. Tenant hereby covenants that it, its agent, employees, servants, contractors, subtenants, customers, licensees and business invitees shall abide by the rules and regulations attached hereto as Exhibit 0 and incorporated herein by reference and shall abide by such additional rules and regulations, including amendments and modifications thereof, as Landlord may, from time to time, reasonably adopt for the Facility Uses specified safety, care and cleanliness of the Leased Property or of the Building or the adjoining grounds or for each Facility the preservation of good order thereon. Landlord shall not be liable for the failure of any tenant or occupant of the Building to comply with such rules and for regulations or with the terms of any lease of space in the Building, but Landlord shall attempt to compel compliance by all lawful tenants with such rules and licensed ancillary usesregulations and the terms of their respective leases. 6.04. Tenant is hereby given the exclusive right and privilege on the Leased Property of conducting its energy services business. Said exclusive right shall be limited to 5450 W. Sahara Ave., including Las Vegas, ▇▇▇▇▇▇. ▇.▇▇. ▇▇▇ ▇▇▇▇▇es, alterations, improvements, or additions, structural or otherwise, to or of the operation common areas of an Alzheimer's Memory Loss Unit (provided that Tenant will not change the number Building or any part thereof, which may be made necessary or required by reason of existing Alzheimer units without Landlord's prior consent)any law, provided Tenant complies with all applicable Legal Requirementsrule, regulation or order, promulgated by competent governmental authority, shall become part of the "Building Operating Costs" pursuant to Section 3.03.2 herein, however, Landlord shall pay any amount by which the expense of said modifications during any calendar year exceeds the amount of $50,000. 6.05.1. Any changes, alterations, improvements, or additions, structural or otherwise, to or of the Leased Property or any part thereof, which may be made necessary or required by reason of any law, rule, regulation or order, promulgated by competent governmental authority, shall be made by and for no other purpose without at the prior written consent sole cost and expense of Landlord. Nothing herein contained shall require Tenant shall obtain and maintain all approvals, licenses, and consents needed to use and continuously operate the Leased Property as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any governmental agency within 10 Business Days after Tenant’s receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without limitation, Tenant’s covenant to do the following: (a) to operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, permits, certificates of need, third party reimbursement contracts, and an energy services establishment or any other agreements necessary for the use and operation particular type of the Facility or as may be necessary for participation in the Medicaid or other applicable reimbursement programs in which the Facility participates to remain in effect without reduction in the number of licensed units or units authorized for use in the Medicaid reimbursement programs (unless Tenant first obtains the prior consent of Landlord to such reduction, which consent may be withheld in its sole discretion); (b) to maintain sufficient inventory and equipment of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; (c) to keep all Improvements, Fixtures and equipment located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACE (d) to maintain sufficient cash in its operating accounts in order to satisfy the working capital needs of the Facilitybusiness.

Use of Leased Property. Tenant shall use and occupy the Leased Property ----------------------- exclusively for the Facility Uses specified for each Facility and for all lawful and licensed ancillary uses, including the operation of an Alzheimer's Memory Loss Unit (provided that Tenant will not change the number of existing Alzheimer units without Landlord's prior consent)Unit, provided Tenant complies with all applicable Legal Requirements, and for no other purpose without the prior written consent of Landlord. Tenant shall obtain and maintain all approvals, licenses, and consents needed to use and operate the Leased Property as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any governmental agency within 10 Business Days after Tenant’s 's receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without limitation, Tenant’s 's covenant to do the following: (a) to operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, permits, certificates of need, third party reimbursement contracts, and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in the Medicaid or other applicable reimbursement programs in which the Facility participates to remain in effect without reduction in the number of licensed units or units authorized for use in the Medicaid reimbursement programs (unless Tenant first obtains the prior consent of Landlord to such reduction, which consent may be withheld in its sole discretion); (b) to maintain sufficient inventory and equipment of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility; (c) to keep all Improvements, Fixtures and equipment located on or used or useful in connection with the Facility in good repair, working order and condition, reasonable wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACEand (d) to maintain sufficient cash in its operating accounts in order to satisfy the working capital needs of the Facility.

Use of Leased Property. (a) The Leased Property shall be used subject to and in accordance with this Article V. So long as the Principal Subtenant Sublease remains in effect, the portion of the LTACH Improvements leased thereunder shall be used only (i) as a licensed long term acute care hospital facility and (ii) for such other uses as may be necessary, incidental, profitable or complimentary for such use, subject to the restrictions contained in Section 5.2. So long as any portion of the LTACH Improvements is leased to ▇▇▇▇▇ Healthcare Management, Inc., or its Affiliate, successor or assign, such premises may be utilized for any purposes permitted under the applicable ▇▇▇▇▇ Healthcare Management Sublease. Upon expiration or earlier termination of the Principal Subtenant Sublease, the portions of the LTACH that were subject to the Principal Subtenant Sublease as well as any other portions of the LTACH Improvements not subleased to ▇▇▇▇▇ Healthcare Management, Inc., or its Affiliate, successor or assign, shall not be utilized for any use that is prohibited by this Lease or the REA, including, by way of example and not limitation, those prohibited uses and restrictions set forth in Section 5.2 below. Tenant shall may request in writing Landlord’s interpretation of a proposed use and occupy of the Leased Property exclusively for to determine if it is Landlord’s opinion that such a proposed use would be in violation of the Facility Uses specified for each Facility and for all lawful and licensed ancillary usesuses precluded in this Article V. Landlord shall advise Tenant in writing within ten (10) days of receipt of Tenant’s request if in Landlord’s opinion such proposed use would create a violation of the uses precluded by this Article V. If Landlord advises that the proposed use would be in violation, including then the operation of an Alzheimer's Memory Loss Unit proposed use shall be precluded on the Leased Property. If Landlord fails to timely respond then the proposed use shall be deemed to be permitted under this Lease. (provided that Tenant will not change the number of existing Alzheimer units without Landlord's prior consent), provided Tenant complies with all applicable Legal Requirements, and for b) In no other purpose without the prior written consent of Landlord. Tenant event shall obtain and maintain all approvals, licenses, and consents needed to use and operate the Leased Property as herein permittedbe used for any purpose which would constitute a public or private nuisance or waste or which would violate any of the provisions of any Permitted Encumbrances, (including, without limitation, the Medical Center Master Lease), any Legal Requirements or any covenants or restrictions applicable to the Leased Property. Tenant shall deliver agrees that with respect to Landlord complete copies of surveysthe Permitted Encumbrances (including, examinationswithout limitation, certification the Medical Center Master Lease) and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any governmental agency within 10 Business Days after Tenant’s receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility such covenants or restrictions existing as of the date hereofof this Lease, which Tenant shall include without limitationobserve, Tenant’s covenant perform and comply with and carry out the provisions thereof required therein to do the following: (a) to operate the Facility in material compliance with applicable laws be observed and regulations relating thereto and cause all licenses, permits, certificates of need, third party reimbursement contracts, and any other agreements necessary for the use and operation of the Facility or as may be necessary for participation in the Medicaid or other applicable reimbursement programs in which the Facility participates to remain in effect without reduction in the number of licensed units or units authorized for use in the Medicaid reimbursement programs (unless Tenant first obtains the prior consent of Landlord to such reduction, which consent may be withheld in its sole discretion); (b) to maintain sufficient inventory and equipment of types and quantities at the Facility to enable Tenant adequately to perform operations of the Facility;performed by Landlord. (c) Tenant shall not permit any unlawful occupation, business or trade to keep all Improvementsbe conducted on the Leased Property or any use to be made thereof contrary to applicable Legal Requirements. Tenant shall not use, Fixtures and equipment located on occupy or permit any of the Leased Property to be used or useful occupied, nor do or permit anything to be done in connection or on any of the Leased Property, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Facility in good repairLeased Property, working order and condition(ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, reasonable or (iii) cause any injury or damage to any of the LTACH Improvements except ordinary wear and tear excepted, and from time to time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACEtear. (d) Subject to maintain sufficient cash in its operating accounts in order to satisfy the working capital needs all of the Facilityprovisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants to do no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Property by Tenant; provided that Landlord may enter upon and examine any of the Leased Property during business hours upon reasonable notice (or at any time and without notice in case of emergency) and exercise any rights and privileges granted to Landlord under the provisions of this Lease and at law.