Common use of Use of the Leased Property Clause in Contracts

Use of the Leased Property. (a) Lessee covenants that it will obtain and maintain throughout the entire Term all approvals needed to use and operate the Leased Property and the Facility for the Primary Intended Use, as defined below, under applicable local, state and federal law, including but not limited to licensure approvals and Medicare and/or a Medicaid certifications, provider numbers, certificates of need, governmental approvals, and full accreditation from all applicable governmental authorities, if any, that are necessary for the operation of the Facility as a fifty-eight (58) bed long-term acute care hospital facility. (b) Beginning on the Commencement Date and during the entire Term, Lessee shall use or cause to be used the Leased Property and the improvements thereon only as a fifty-eight (58)-bed long-term acute care hospital facility and for such other legal ancillary uses as may be necessary in connection with or incidental to such uses, subject to all covenants, restrictions and easements (including those set forth in the Permitted Exceptions) relating to the Facility (the "Primary Intended Use"). Lessee shall not use the Leased Property or any portion thereof for any other use, nor change the number or type of beds within the Facility, nor reconfigure or rearrange any portion of the Leased Property or the Facility without the prior written consent of Lessor, which consent shall not be unreasonably withheld. No use shall be made or permitted to be made of the Leased Property and no acts shall be done which will cause the cancellation of any insurance policy covering the Leased Property or any part thereof, nor shall Lessee sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, any other insurance policies required to be carried hereunder, or fire underwriters regulations. Lessee shall, at its sole cost, comply with all of the requirements, covenants and restrictions pertaining to the Leased Property, including, without limitation, all of the Permitted Exceptions, and other requirements of any insurance board, association, organization or company necessary for the maintenance of the insurance, as herein provided, covering the Leased Property and Lessee's Personal Property. (c) Lessee covenants and agrees that during the Term it will continuously operate the Leased Property only as a provider of healthcare services in accordance with the Primary Intended Use and Lessee shall maintain its certifications for reimbursement and licensure and all accreditations. (d) Lessee shall not commit or suffer to be committed any waste on the Leased Property, or in the Facility, nor shall Lessee cause or permit any nuisance thereon. (e) Lessee shall neither suffer nor permit the Leased Property or any portion thereof, including any Capital Addition whether or not financed by Lessor, or Lessee's Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's (or Lessee's, as the case may be) title thereto or to any portion thereof, or (ii) may reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Leased Property or any portion thereof. (f) Lessee agrees that during the entire term of this Lease, Lessor shall have the right and option to erect a sign or signs on the Leased Property stating that the Leased Property is owned by the Lessor (and, if applicable, that Lessor or its Affiliates is the lender for the Facility). Such signs shall be in sizes, and shall be erected in locations, reasonably acceptable to Lessor and approved by Lessee, which approval shall not be unreasonably withheld, conditioned or delayed.

Use of the Leased Property. (a) 7.2.1 Lessee covenants that it will obtain and maintain throughout the entire Term all authorizations and approvals needed to use and operate the Leased Property, all Capital Additions and each Facility for such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and the Facility for the Primary Intended Useany Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, as defined belowprovider agreements, under applicable localpermits, state and federal law, including but not limited to licensure approvals and Medicare and/or a Medicaid certificationscertification. Notwithstanding the foregoing, provider numbersLessor acknowledges that as of the Commencement Date, certificates Lessee has not obtained final and unconditional health care licenses from the Texas Department of needAging and Disability Services to use and operate the Leased Property of each Facility for their respective Primary Intended Uses. Lessee shall, governmental approvalswithin ninety (90) days following the Commencement Date with respect to each of the Facilities (with respect to each of the Facilities, the “Health Care License Outside Date”), obtain and full accreditation deliver to Lessor copies of any and all final and unconditional health care licenses for such Facilities from all applicable governmental authoritiesthe Texas Department of Aging and Disability Services that are required to use and operate the Leased Property of such Facilities for their respective Primary Intended Uses; provided, if anyhowever, that are necessary in the event Lessee has not obtained final and unconditional health care licenses for any such Facility from the operation Texas Department of Aging and Disability Services on the applicable Health Care License Outside Date for such Facility, despite using best efforts to obtain the same, Lessee’s failure to obtain such final and unconditional health care licenses for such Facility shall not constitute an Event of Default by Lessee hereunder, so long as each of the following conditions are at all times satisfied: (a) Lessee shall continue to use its best efforts to obtain all final and unconditional health care licenses for such Facility as a fifty-eight (58) bed long-term acute care hospital facility.from the Texas Department of Aging and Disability Services; (b) Beginning on the Commencement Date The Texas Department of Aging and during the entire TermDisability Services shall not have refused to issue to Lessee any health care licenses for such Facility; (c) Lessee’s use and operation of such Facility for its Primary Intended Use is at all times permitted pursuant to all applicable Legal Requirements, and Lessee is not prohibited from admitting new patients or residents at such Facility; and (d) No Event of Default shall have occurred under this Lease. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon only as a fifty-eight (58)-bed long-term acute care hospital facility and of each Facility for such other legal ancillary uses as may be necessary in connection with or incidental to such uses, subject to all covenants, restrictions and easements (including those set forth in the Permitted Exceptions) relating to the Facility (the "Primary Intended Use")Use of such Facility. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof for any other use, nor change the number or type of beds within the Facility, nor reconfigure or rearrange any portion of the Leased Property or the Facility use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall not be unreasonably withheld. No use shall be made or permitted to be made of operate continuously the entire Leased Property and no acts shall be done which will cause the cancellation all Capital Additions of any insurance policy covering the Leased Property or any part thereof, nor shall Lessee sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, any other insurance policies required to be carried hereunder, or fire underwriters regulations. Lessee shall, at its sole cost, comply with all of the requirements, covenants and restrictions pertaining to the Leased Property, including, without limitation, all of the Permitted Exceptions, and other requirements of any insurance board, association, organization or company necessary for the maintenance of the insurance, as herein provided, covering the Leased Property and Lessee's Personal Property. (c) Lessee covenants and agrees that during the Term it will continuously operate the Leased Property only as a provider of healthcare services each Facility in accordance with the Primary Intended Use and of such Facility. Lessee shall maintain its certifications for reimbursement and licensure devote the entirety of each Facility and all accreditationsCapital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or take any other action (e.g., removing patients or residents from any Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Resident Revenues or the Fair Market Value of any Facility. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients, in each case assuming an occupancy and/or use level for each Facility which is not less than the average occupancy and/or use level for similar facilities in the State. Lessee shall employ its best judgment, efforts and abilities to operate the entirety of each Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of each Facility. (d) 7.2.4 Lessee shall conduct its business at each Facility in conformity with professional standards of patient or resident care practice. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property, Property and/or on or in the Facility, nor shall Lessee to any Capital Additions or cause or permit any nuisance thereonto exist thereon or with respect thereto. (e) 7.2.6 Lessee shall neither suffer nor permit the Leased Property Property, any Capital Additions, or any portion part(s) thereof, including any Capital Addition whether or not financed by Lessor, or Lessee's ’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's (or Lessee's, as the case may be) ’s title thereto or to any portion thereof, thereof or (ii) may reasonably make possible a claim or claims of adverse usage use or adverse possession by the public, as suchpossession, or of an implied dedication of the Leased Property Property, any Capital Additions or any portion part(s) thereof. (f) Lessee agrees that during the entire term of this Lease, Lessor shall have the right and option to erect a sign or signs on the Leased Property stating that the Leased Property is owned by the Lessor (and, if applicable, that Lessor or its Affiliates is the lender for the Facility). Such signs shall be in sizes, and shall be erected in locations, reasonably acceptable to Lessor and approved by Lessee, which approval shall not be unreasonably withheld, conditioned or delayed.

Use of the Leased Property. (a) 7.2.1 Lessee covenants that it will obtain and maintain throughout the entire Term all authorizations and approvals needed to use and operate the Leased Property, all Capital Additions and each Facility for such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and the Facility for the Primary Intended Useany Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, as defined belowprovider agreements, under applicable localpermits, state and federal law, including but not limited to licensure approvals and Medicare and/or a Medicaid certificationscertification. Notwithstanding the foregoing, provider numbersLessor acknowledges that as of the Commencement Date, certificates Lessee has not obtained final and unconditional health care licenses from the Texas Department of needAging and Disability Services to use and operate the Leased Property of each Facility for their respective Primary Intended Uses. Lessee shall, governmental approvalswithin ninety (90) days following the Commencement Date with respect to each of the Facilities (with respect to each of the Facilities, the “Health Care License Outside Date”), obtain and full accreditation deliver to Lessor copies of any and all final and unconditional health care licenses for such Facilities from all applicable governmental authoritiesthe Texas Department of Aging and Disability Services that are required to use and operate the Leased Property of such Facilities for their respective Primary Intended Uses; provided, if anyhowever, that are necessary in the event Lessee has not obtained final and unconditional health care licenses for any such Facility from the operation Texas Department of Aging and Disability Services on the applicable Health Care License Outside Date for such Facility, despite using best efforts to obtain the same, Lessee’s failure to obtain such final and unconditional health care licenses for such Facility shall not constitute an Event of Default by Lessee hereunder, so long as each of the following conditions are at all times satisfied: (a) Lessee shall continue to use its best efforts to obtain all final and unconditional health care licenses for such Facility as a fifty-eight (58) bed long-term acute care hospital facility. from the Texas Department of Aging and Disability Services; (b) Beginning on the Commencement Date The Texas Department of Aging and during the entire TermDisability Services shall not have refused to issue to Lessee any health care licenses for such Facility; (c) Lessee’s use and operation of such Facility for its Primary Intended Use is at all times permitted pursuant to all applicable Legal Requirements, and Lessee is not prohibited from admitting new patients or residents at such Facility; and (d) No Event of Default shall have occurred under this Lease. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon only as a fifty-eight (58)-bed long-term acute care hospital facility and of each Facility for such other legal ancillary uses as may be necessary in connection with or incidental to such uses, subject to all covenants, restrictions and easements (including those set forth in the Permitted Exceptions) relating to the Facility (the "Primary Intended Use")Use of such Facility. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof for any other use, nor change the number or type of beds within the Facility, nor reconfigure or rearrange any portion of the Leased Property or the Facility use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall not be unreasonably withheld. No use shall be made or permitted to be made of operate continuously the entire Leased Property and no acts shall be done which will cause the cancellation all Capital Additions of any insurance policy covering the Leased Property or any part thereof, nor shall Lessee sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, any other insurance policies required to be carried hereunder, or fire underwriters regulations. Lessee shall, at its sole cost, comply with all of the requirements, covenants and restrictions pertaining to the Leased Property, including, without limitation, all of the Permitted Exceptions, and other requirements of any insurance board, association, organization or company necessary for the maintenance of the insurance, as herein provided, covering the Leased Property and Lessee's Personal Property. (c) Lessee covenants and agrees that during the Term it will continuously operate the Leased Property only as a provider of healthcare services each Facility in accordance with the Primary Intended Use and of such Facility. Lessee shall maintain its certifications for reimbursement and licensure devote the entirety of each Facility and all accreditationsCapital Additions thereto to the Primary Intended Use, except for areas reasonably required for office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered 7.2.4 Lessee shall conduct its business at each Facility in conformity with professional standards of patient or resident care practice. (d) 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property, Property and/or on or in the Facility, nor shall Lessee to any Capital Additions or cause or permit any nuisance thereonto exist thereon or with respect thereto. (e) 7.2.6 Lessee shall neither suffer nor permit the Leased Property Property, any Capital Additions, or any portion part(s) thereof, including any Capital Addition whether or not financed by Lessor, or Lessee's ’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's (or Lessee's, as the case may be) ’s title thereto or to any portion thereof, thereof or (ii) may reasonably make possible a claim or claims of adverse usage use or adverse possession by the public, as suchpossession, or of an implied dedication of the Leased Property Property, any Capital Additions or any portion part(s) thereof. (f) Lessee agrees that during the entire term of this Lease, Lessor shall have the right and option to erect a sign or signs on the Leased Property stating that the Leased Property is owned by the Lessor (and, if applicable, that Lessor or its Affiliates is the lender for the Facility). Such signs shall be in sizes, and shall be erected in locations, reasonably acceptable to Lessor and approved by Lessee, which approval shall not be unreasonably withheld, conditioned or delayed.

Use of the Leased Property. (a) Lessee covenants that it will obtain and maintain throughout the entire Term all approvals needed to use and operate the The Leased Property and the shall be utilized as follows: (i) The Huntington Beach Facility for the Primary Intended Use, as defined below, under applicable local, state and federal law, including but not limited to licensure approvals and Medicare and/or a Medicaid certifications, provider numbers, certificates of need, governmental approvals, and full accreditation from all applicable governmental authorities, if any, that are necessary for the operation of the Facility shall be operated as a fiftyone hundred thirty-eight one (58) bed long-term 131)-bed acute care hospital facility.facility and for such other legal ancillary uses as may be necessary in connection with or incidental to such uses; (bii) Beginning on the Commencement Date and during the entire Term, Lessee The La Palma Facility shall use or cause to be used the Leased Property and the improvements thereon only operated as a fiftyone hundred forty-eight one (58)-bed long141)-bed acute care hospital facility and for such other legal ancillary uses as may be necessary in connection with or incidental to such uses; (iii) The Shasta Facility shall be operated as a two hundred forty-term six (246)-bed acute care hospital facility and for such other legal ancillary uses as may be necessary in connection with or incidental to such uses; and (iv) The West Anaheim Facility shall be operated as a two hundred nineteen (219)-bed acute care hospital facility and for such other legal ancillary uses as may be necessary in connection with or incidental to such uses, and in each case subject to all covenants, restrictions restrictions, easements and easements all other matters of record (including those set forth in the Permitted Exceptions) relating to the applicable Facility (the "“Primary Intended Use"”). Lessee shall comply with all Legal Requirements and shall maintain all Licenses, including, but not limited to, Medicare and/or Medi-Cal certifications, provider numbers and agreements, certificates of need, governmental approvals, and accreditation from all applicable governmental authorities, if any, that are necessary for the operation of the applicable Facility consistent with the Primary Intended Use. (b) Except as expressly authorized herein, Lessee shall not use any portion of the Leased Property or any portion thereof relating to a particular Facility for any use other usethan as provided herein, nor change the number or type of beds within the any Facility, nor reconfigure or rearrange any portion of the Leased Property or the Facility relating to any Facility, without the prior written consent of Lessor, which consent shall not Lessee agrees may be unreasonably withheld. withheld in Lessor’s sole discretion. (c) No use shall be made or permitted to be made of the Leased Property and no acts shall be done which will cause the cancellation of any insurance policy covering the Leased Property or any part thereof, nor shall Lessee sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, any other insurance policies required to be carried hereunder, or fire underwriters regulations. Lessee shall, at its sole cost, comply with all of the requirements, covenants and restrictions pertaining to the Leased Property, including, without limitation, all of the Permitted Exceptions, and other requirements of any insurance board, association, organization or company necessary for the maintenance of the insurance, as herein provided, covering the Leased Property and Lessee's ’s Personal Property. (cd) Lessee covenants and agrees that during the Term it will shall continuously operate the Leased Property only as a provider of healthcare services in accordance with the Primary Intended Use and of goods and services incidental thereto and Lessee shall maintain its certifications for reimbursement and licensure and all accreditations. (de) Lessee shall not commit or suffer to be committed any waste on the Leased Property, or in any of the FacilityFacilities, nor shall Lessee cause or permit any nuisance thereon. (ef) Lessee shall neither suffer nor permit the Leased Property or any portion thereof, including any Capital Addition whether or not financed by Lessor, or Lessee's ’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's ’s (or Lessee's’s, as the case may be) title thereto or to any portion thereof, or (ii) may reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Leased Property or any portion thereof. (fg) Lessee agrees that during the entire term of this LeaseWith respect to each Facility, Lessor shall have the right and option to erect a sign or signs on such portion of the Leased Property relating to such Facility stating that the such Leased Property is owned by the Lessor (and, if applicable, that Lessor or its Affiliates is the lender for the Facility)Lessor. Such signs sign shall be in sizesa size, and shall be erected in locations, reasonably a location acceptable to Lessor and approved by Lessee, which approval shall not be unreasonably withheld, conditioned or delayed.