Failure to Conduct Business. For the purpose of determining rental loss damages or Percentage Rent, if Tenant fails to conduct business upon the Property, and thereby causes the exact damages or the amount of Percentage Rent to be unascertainable, Percentage Rent for such period shall be deemed to be the Percentage Rent during the immediately preceding Fiscal Year during which Percentage Rent accrued.
Appears in 2 contracts
Samples: California Facilities Security Agreement (Iasis Healthcare Corp), Iasis Healthcare Corp
Failure to Conduct Business. For the purpose of determining rental loss damages or Percentage Rent, if in the event Tenant fails shall fail to conduct its business upon at the PropertyLeased Property for its Primary Intended Use, and thereby causes the exact damages or the amount of Percentage Rent to be being unascertainable, the Percentage Rent for such period shall be deemed to be the Percentage Rent during the immediately preceding Fiscal Year during which Percentage Rent accruedby an amount reasonably determined by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)
