Common use of Compliance with the Code Clause in Contracts

Compliance with the Code. This Agreement is intended to comply with Section 409A of the Code, and shall be interpreted and construed accordingly. All references in this Agreement to the Participant’s Termination shall mean the Participant’s separation from service from AAM and its affiliates within the meaning of Treasury Regulation § 1.409A-1(h). Each amount payable under this Agreement shall constitute a “separately identified amount” within the meaning of Treasury Regulation § 1.409A-2(b)(2). The Participant acknowledges that the Company has encouraged the Participant to consult his own adviser to determine the tax consequences of the Award and that neither the Company nor its affiliates are providing the Participant with any tax advice with respect to Section 409A of the Code or otherwise and are not making any guarantees or other assurances of any kind to the Participant with respect to the tax consequences or treatment of any amounts payable to the Participant under this Agreement. AVIV REIT, INC. By: Name: Xxxxx X. Xxxxxxxxx Title: Chairman, Chief Executive Officer and President Accepted this ___ day of , 2009. Xxxxxx X. Xxxxxx

Compliance with the Code. This Agreement is intended to comply with Section 409A of the Code, and shall be interpreted and construed accordingly. All references in this Agreement to the Participant’s Termination shall mean the Participant’s separation from service from AAM and its affiliates within the meaning of Treasury Regulation § 1.409A-1(h). Each amount payable under this Agreement shall constitute a “separately identified amount” within the meaning of Treasury Regulation § 1.409A-2(b)(2). The Participant acknowledges that the Company has encouraged the Participant to consult his own adviser to determine the tax consequences of the Award and that neither the Company nor its affiliates are providing the Participant with any tax advice with respect to Section 409A of the Code or otherwise and are not making any guarantees or other assurances of any kind to the Participant with respect to the tax consequences or treatment of any amounts payable to the Participant under this Agreement. * * * AVIV REIT, INC. By: Name: Xxxxx X. Xxxxxxxxx Title: Chairman, Chief Executive Officer and President Accepted this ___ _day of ___, 2009. Xxxxxx X. Xxxxxx.

Compliance with the Code. This Agreement is intended to comply with Section 409A of the Code, and shall be interpreted and construed accordingly. All references in this Agreement to the Participant’s Termination shall mean the Participant’s separation from service from AAM and its affiliates within the meaning of Treasury Regulation § 1.409A-1(h). Each amount payable under this Agreement shall constitute a “separately identified amount” within the meaning of Treasury Regulation § 1.409A-2(b)(2). The Participant acknowledges that the Company has encouraged the Participant to consult his own adviser to determine the tax consequences of the Award and that neither the Company nor its affiliates are providing the Participant with any tax advice with respect to Section 409A of the Code or otherwise and are not making any guarantees or other assurances of any kind to the Participant with respect to the tax consequences or treatment of any amounts payable to the Participant under this Agreement. AVIV REIT, INC. By: Name: Xxxxx X. Xxxxxxxxx Title: Chairman, Chief Executive Officer and President Accepted this ___ day of , 2009. Xxxxxx X. Xxxxxx.

Compliance with the Code. This Agreement is intended to comply with Section 409A of the Code, and shall be interpreted and construed accordingly. All references in this Agreement to the Participant’s Termination shall mean the Participant’s separation from service from AAM and its affiliates within the meaning of Treasury Regulation § 1.409A-1(h). Each amount payable under this Agreement shall constitute a “separately identified amount” within the meaning of Treasury Regulation § 1.409A-2(b)(2). The Participant acknowledges that the Company has encouraged the Participant to consult his own adviser to determine the tax consequences of the Award and that neither the Company nor its affiliates are providing the Participant with any tax advice with respect to Section 409A of the Code or otherwise and are not making any guarantees or other assurances of any kind to the Participant with respect to the tax consequences or treatment of any amounts payable to the Participant under this Agreement. AVIV REIT, INC. By: Name: Xxxxx X. Xxxxxxxxx Title: Chairman, Chief Executive Officer and President Accepted this ___ day of , 2009. Xxxxxx Xxxxx X. XxxxxxXxxxxxxxx