Common use of Use of the Leased Property Clause in Contracts

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization and approvals needed to use and operate the Leased Property and the Facility for the Primary Intended Use and any other use conducted on the Leased Property as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property and the improvements thereon for their Primary Intended Use. Lessee shall not use the Leased Property or any portion thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the Leased Property and all Capital Additions thereto in accordance with its Primary Intended Use. Lessee shall devote the entire Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or storage space 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 the Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Revenues. Lessee shall at all times maintain an adequate staff for the service of its residents and/or patients. Lessee shall employ its best judgment, efforts and abilities to operate the Facility in such a manner so as to maximize Gross Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with prudent standards of patient or resident care practice.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization (or, in the case of any Facility in respect of which a Master Sublease or management agreement permitted without Lessor’s consent under Sections 24.1.1 and approvals needed to use and operate the Leased Property and the Facility for the Primary Intended Use 24.1.12 is in effect between Lessee and any other use conducted on the Leased Property as may be permitted from time of its Affiliates, cause such Affiliate to time hereunder in accordance obtain and maintain) all Required Governmental Approvals with Legal Requirements respect to each Facility (including applicable licenses, provider agreements, permits, and, if appropriate, Medicare and/or Medicaid certificationfor any Capital Additions to such Facility). 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon of each Facility only for their the Primary Intended Use of such Facility and for no other uses, except for areas reasonably required for office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee No change to the Primary Intended Use of any Facility shall not use the Leased Property or any portion thereof or any Capital Addition thereto for any other use be permitted hereunder without the prior written consent of Lessor, which consent Lessor may withhold be granted or withheld in its sole Lessor’s reasonable discretion. 7.2.3 Subject to any reasonable interruptions in operations as a result of (i) casualty or condemnation and the restoration thereof in accordance with the applicable provisions of Article XIV and/or Article XV hereof, or (ii) the remediation of any environmental condition in accordance with the applicable provisions of Section 37.3 hereof, Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of each Facility in accordance with its the Primary Intended UseUse of such Facility. Lessee shall devote the entire entirety of each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or office, storage space or ancillary service uses incidental to the Primary Intended Use. Lessee shall not modify the services offered or or, except as permitted in Section 7.4 hereof, take any other action (e.g., removing patients or residents from the any Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Revenues. Lessee shall at all times maintain an adequate staff for Revenues or the service Fair Market Value of its residents and/or patients. Lessee shall employ its best judgment, efforts and abilities to operate the Facility in such a manner so as to maximize Gross Revenues and to enhance the reputation and attractiveness of the any Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with prudent standards that meet or exceed the standards of such Facility’s operations as of theCommencement Date and in a manner consistent with normal and customary standards of patient or resident care practicepractice (as the same may change from time to time during the Term) provided in similar facilities in the State. 7.2.5 Lessee shall not commit any physical waste on the Leased Property and/or on or to any Capital Additions. 7.2.6 Lessee shall not permit the Leased Property, any Capital Additions, or any part(s)thereof, or Lessee’s Personal Property, to be used in such a manner as (i) is reasonably likely to impair Lessor’s title thereto or to any portion thereof or (ii) may make reasonably likely a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s)thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization authorizations and approvals needed to use and operate the Leased Property Property, all Capital Additions and the each Facility for the such Facility's respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon of each Facility for their the Primary Intended UseUse of such Facility. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of each Facility in accordance with its the Primary Intended UseUse of such Facility. Lessee shall devote the entire entirety of each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or 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 the a Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross Revenuesgross revenues or the fair market value of any Facility. 7.2.4 Lessee shall conduct its business at each Facility in conformity with the customary standards of patient or resident care practice provided in similar good-quality facilities in the State. Without limiting the generality of the foregoing, Lessee shall at all times exercise commercially reasonable efforts to maintain an adequate staff for the service of its residents and/or patients. Lessee shall employ its best judgment, efforts patients in compliance with all Legal Requirements and abilities to operate the Facility in otherwise consistent with such a manner so as to maximize Gross Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with prudent standards of patient or resident care practicepractice customarily provided in other similar facilities operated by Lessee. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee's Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization authorizations and approvals needed to use and operate the Leased Property Property, all Capital Additions and the Facility for the Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon for their the Primary Intended Use. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of the Facility in accordance with its the Primary Intended Use. Lessee shall devote the entire entirety of the Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or 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 the Facility or directing patients or residents, or prospective patients or residents, to another facility) which would materially reduce Gross RevenuesResident Revenues or the Fair Market Value of the 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 the 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 the Facility in such a manner so as to maximize Gross Resident Revenues and to enhance the reputation and attractiveness of the Facility. 7.2.4 Lessee shall conduct its business at the Facility in conformity with prudent 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 and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization and approvals needed to use and operate the Leased Property Property, all Capital Additions and the each Facility for the such Facility's respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon of each Facility for their its Primary Intended Use. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of each Facility in accordance with its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entire entirety of each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or storage space 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 the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross RevenuesRevenues or the Fair Market Value of any such 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 Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with prudent the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or Lessee's Personal Property, to be used in such a manner as (i) might reasonably tend to impair Lessor's title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization and approvals needed to use and operate the Leased Property Property, all Capital Additions and the each Facility for the such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon of each Facility for their its Primary Intended Use. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of each Facility in accordance with its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entire entirety of each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or storage space 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 the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross RevenuesRevenues or the Fair Market Value of any such 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 Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with prudent the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or ▇▇▇▇▇▇’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair ▇▇▇▇▇▇’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.

Use of the Leased Property. 7.2.1 Lessee covenants that it will obtain and maintain all authorization and approvals needed to use and operate the Leased Property Property, all Capital Additions and the each Facility for the such Facility’s respective Primary Intended Use and any other use conducted on the Leased Property and any Capital Additions as may be permitted from time to time hereunder in accordance with Legal Requirements including applicable licenses, provider agreements, permits, and, if appropriate, and Medicare and/or Medicaid certification. 7.2.2 Lessee shall use or cause to be used the Leased Property Property, all Capital Additions and the improvements thereon of each Facility for their its Primary Intended Use. Lessee shall not use the Leased Property Property, any Capital Additions or any portion part(s) thereof or any Capital Addition thereto for any other use without the prior written consent of Lessor, which consent Lessor may withhold in its sole discretion. 7.2.3 Lessee shall operate continuously the entire Leased Property and all Capital Additions thereto of each Facility in accordance with its Primary Intended Use; provided, however, that Lessee shall be relieved of such obligation to continuously operate the Leased Property and all Capital Additions of each Facility to the extent reasonably necessary (a) to complete any repair or restoration of the Leased Property and Capital Additions of any Facility pursuant to the terms of Sections 14.2, 14.3 and 15.1.3, as applicable, (b) to complete any Capital Additions to the Leased Property or any Facility that are consented to by Lessor in accordance with the terms of Section 10.1 below, and (c) as a result of any cause described in Section 45.1.16 below. Lessee shall devote the entire entirety of each Facility and all Capital Additions thereto to the Primary Intended Use, except for areas reasonably required for office or storage space 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 the any Facility or directing patients or residents, or prospective patients or residents, to another facilityFacility) which would materially reduce Gross RevenuesRevenues or the Fair Market Value of any such 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 Revenues and to enhance the reputation and attractiveness of the each Facility. 7.2.4 Lessee shall conduct its business at the each Facility in conformity with prudent the highest standards of patient or resident care practicepractice provided in similar facilities in the State. 7.2.5 Lessee shall not commit or suffer to be committed any waste on the Leased Property and/or on or to any Capital Additions or cause or permit any nuisance to exist thereon or with respect thereto. 7.2.6 Lessee shall neither suffer nor permit the Leased Property, any Capital Additions, or any part(s) thereof, or L▇▇▇▇▇’s Personal Property, to be used in such a manner as (i) might reasonably tend to impair L▇▇▇▇▇’s title thereto or to any portion thereof or (ii) may make possible a claim of adverse use or possession, or an implied dedication of the Leased Property, any Capital Additions or any part(s) thereof.