Common use of Damage Near End of Term Clause in Contracts

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.

Appears in 27 contracts

Samples: Amended and Restated Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Five Star Quality Care Inc)

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Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility Travel Center thereon rendered Unsuitable for its Its Permitted Use.

Appears in 16 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve two (122) months years of the Term (including any automatic Extended Terms) and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six twelve (612) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility Hotel thereon rendered Unsuitable for its Permitted Use.

Appears in 8 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Sholodge Inc), Lease Agreement (Hospitality Properties Trust)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any the Leased Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such the Leased Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.

Appears in 6 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Five Star Quality Care Inc)

Damage Near End of Term. Notwithstanding any provisions of Section SECTION 10.1 or OR 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section SECTION 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.

Appears in 5 contracts

Samples: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc)

Damage Near End of Term. Notwithstanding any provisions of Section SECTION 10.1 or OR 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section SECTION 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility Travel Center thereon rendered Unsuitable for its Its Permitted Use.

Appears in 4 contracts

Samples: Lease Agreement (Travelcenters of America LLC), Lease Agreement (Hospitality Properties Trust), Lease Agreement (Travelcenters of America LLC)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any the Leased Property occurs during the last twelve twenty-four (1224) months of the then Term (including any exercised Extended Term) and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six twelve (612) months prior to the end of the such Term (including any exercised Extended Term), the provisions of Section 10.2.1 shall apply as if such the Leased Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.

Appears in 2 contracts

Samples: Lease Agreement (CNL Health Care Properties Inc), Lease Agreement (CNL Health Care Properties Inc)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property of the Collective Leased Properties occurs during the last twelve twenty-four (1224) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six twelve (612) months prior to the end of the such Term, the provisions of Section 10.2.1 shall apply as if such Leased Property had been totally or partially destroyed and the Facility located thereon rendered Unsuitable for its Permitted Primary Intended Use.

Appears in 2 contracts

Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Brookdale Living Communities Inc)

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Damage Near End of Term. Notwithstanding any provisions of Section SECTION 10.1 or OR 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve two (122) months years of the Term (including any automatic Extended Terms) and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six twelve (612) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.of

Appears in 1 contract

Samples: Lease Agreement (Sholodge Inc)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 14.2 or 10.2 14.3 to the contrary, if damage to or destruction of any Property a Facility occurs during the last twelve (12) months of the Term, including any Extended Term as to which Lessees have exercised their option prior to the occurrence of such damage or destruction, and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is within six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Permitted Use.following

Appears in 1 contract

Samples: Master Lease (Raintree Healthcare Corp)

Damage Near End of Term. Notwithstanding any provisions of Section SECTION 10.1 or OR 10.2 to the contrary, if damage to or destruction of any the Property occurs during the last twelve twenty-four (1224) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the such Term, the provisions of Section SECTION 10.2.1 shall apply as if such the Property had been totally or partially destroyed and the Facility located thereon rendered Unsuitable for its Permitted Primary Intended Use.

Appears in 1 contract

Samples: Lease Agreement (Cytotherapeutics Inc/De)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Its Permitted Use.. 10.4

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Damage Near End of Term. Notwithstanding any provisions of Section 10.1 or 10.2 to the contrary, if damage to or destruction of any Property occurs during the last twelve (12) months of the Term and if such damage or destruction cannot reasonably be expected to be fully repaired and restored prior to the date that is six (6) months prior to the end of the Term, the provisions of Section 10.2.1 shall apply as if such Property had been totally or partially destroyed and the Facility thereon rendered Unsuitable for its Its Permitted Use.

Appears in 1 contract

Samples: Lease Agreement (Brookdale Senior Living Inc.)

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