Common use of Lessee’s Responsibility Clause in Contracts

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended Use. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended Use. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject ). Subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. The Lessor understands that the Facility will incur reasonable, normal wear and tear during the Term of this Lease and agrees that the Lessee shall not be obligated to repair or replace every incidence of reasonable and normal wear and tear. However, nothing herein shall relieve the Lessee of its obligation to maintain the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair. And further, in no event shall such wear and tear present any condition which may be harmful to residents or other occupants of the Leased Property or which prevents the Leased Property from being operated for the Primary Intended Use in accordance with the provisions of this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (aA) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (bB) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work, and shall perform the same in accordance with the provisions of this Lease upon receipt of such approval. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property (with respect to the Project, to the extent consistent with the stage of construction of the Project) and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoeverwhatsoever other than Lessor's gross negligence or willful misconduct) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all applicable Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property Facility in a first class reputable manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended Use. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereofhereof and any applicable Fee Mortgage Loan Documents, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended Use. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, ; provided, however, ; that the Lessee shall immediately thereafter advise the Lessor and any Fee Mortgagee of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed. The Lessee shall have the right to access the Medical Center at such reasonable times, and only to the extent reasonably necessary, to perform the Lessee's obligations under this Section 8.1 with respect to that portion of the Leased Property constituting a portion of the Building Systems located in the Medical Center, provided, that, notwithstanding anything to the contrary set forth herein, the Lessee shall perform its obligations (including, without limitation, the obligations under this Section 8.1), and shall not exercise any right or take or omit to take any action, under this Lease that would in any manner unreasonably interfere with the use or operation, or detract from the value or operating efficiency, of the CMC Land or those portions of the Building and other improvements thereon, or otherwise adversely affect the CMC Land or such portions of the Building and other improvements.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private 41 roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair to the extent consistent with the stage of construction of the Project (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property Properly or such private roadways, sidewalks and curbs or any other cause whatsoeverwhatsoever other than Lessor's gross negligence or willful misconduct) and, subject to Articles 9, 13 9,13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all applicable Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property Facility in a first class reputable manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.42

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended Use. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereofhereof and any applicable Fee Mortgage Loan Documents, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended Use. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, ; provided, however, that the Lessee shall immediately thereafter advise the Lessor and any Fee Mortgagee of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the a manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and a d such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, to the extent applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms to s of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of o the Leased Property Facility in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, to the extent applicable, the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain perform the Lessor's approval same in accordance with the provisions of the remaining Material Structural Work to be completedSections 9.2.1, 9.2.2, 9.4 and 13.1.3, all Legal Requirements, and all other requirements of this Lease.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoeverwhatsoever other than Lessor's gross negligence or willful misconduct) and, subject to Articles 9, 13 I and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications modifcations thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 8. I shall be (a) performed in a good and workmanlike manner in compliance with all applicable Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property Facility in a first class reputable manner. The Lessee will not take or omit to take any action the taking or omission of which ofwhich might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this ofthis Section 8.1 8.I constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the ofthe specific repairs, replacements, renovations, alterations and modifications to be performed by bv or on behalf of the Lessee in 36 connection with such Material Nlaterial Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the 2he appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may :rnay be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such ofsuch emergency and the nature and scope of the ofthe Material Structural Work commenced and shall obtain the Lessor's approval of the ofthe remaining Material Structural Work to be completed.. 8.12

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair to the extent consistent with the stage of construction of the Project (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoeverwhatsoever other than Lessor's gross negligence or willful misconduct) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-non- structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all applicable Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property Facility in a first class reputable manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair to the extent consistent with the stage ofconstruction ofthe Project (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoeverwhatsoever other than Lessor's gross negligence or willful misconduct) and, subject to Articles 9, 13 9,13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently diligently. complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-non- structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the ofthe Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and, if applicable, the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this ofthis Section 8.1 8. I shall be (a) performed in a good and workmanlike manner in compliance with all applicable Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property Facility in a first class reputable manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and, ifapplicable, the Other Permitted Uses. To the extent that any of the ofthe repairs, replacements, renovations, alterations or modifications modifcations required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the ofthe specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.37

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended Use. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereofhereof and any applicable Fee Mortgage Loan Documents, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended Use. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, ; provided, however, ; that the Lessee shall immediately thereafter advise the Lessor and any Fee Mortgagee of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that that, from and after the Conversion Date, the Leased Property can be legally operated for the Primary Intended Use. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended Use. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.

Lessee’s Responsibility. The Lessee, at its sole cost and expense, shall keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair (whether or not the need for such repairs occurs as a result of the Lessee's use, any prior use, the elements or the age of the Leased Property or such private roadways, sidewalks and curbs or any other cause whatsoever) and, subject ). Subject to Articles 9, 13 and 14, the Lessee shall promptly, with the exercise of all reasonable efforts, undertake and diligently complete all necessary and appropriate repairs, replacements, renovations, restorations, alterations and modifications thereof of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition (concealed or otherwise) existing prior to the commencement of, or during, the Term and thereafter until the Lessee surrenders the Leased Property in the manner required by this Lease. The Lessor understands that the Facility will incur reasonable, normal wear and tear during the Term of this Lease and agrees that the Lessee shall not be obligated to repair or replace every incidence of reasonable and normal wear and tear. However, nothing herein shall relieve the Lessee of its obligation to maintain the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto which are under the Lessee's control in good order and repair. And further, in no event shall such wear and tear present any condition which may be harmful to residents or other occupants of the Leased Property or which prevents the Leased Property from being operated for the Primary Intended Use in accordance with the provisions of this Lease. In addition, the Lessee, at its sole cost and expense, shall make all repairs, modifications, replacements, renovations and alterations of the Leased Property (and such private roadways, sidewalks and curbs) that are necessary to comply with all applicable Legal Requirements and Insurance Requirements so that the Leased Property can be legally operated for the Primary Intended UseUse and the Other Permitted Uses. All repairs, replacements, renovations, alterations, and modifications required by the terms of this Section 8.1 shall be (a) performed in a good and workmanlike manner in compliance with all Legal Requirements, Insurance Requirements and the requirements of Article 9 hereof, using new materials well suited for their intended purpose and (b) consistent with the operation of the Leased Property in a 47 48 first class manner. The Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Property for the Primary Intended UseUse and the Other Permitted Uses. To the extent that any of the repairs, replacements, renovations, alterations or modifications required by the terms of this Section 8.1 constitute Material Structural Work, the Lessee shall obtain the Lessor's prior written approval (which approval shall not be unreasonably withheld) of the specific repairs, replacements, renovations, alterations and modifications to be performed by or on behalf of the Lessee in connection with such Material Structural Work, and shall perform the same in accordance with the provisions of this Lease upon receipt of such approval. Notwithstanding the foregoing, in the event of a bona fide emergency during which the Lessee is unable to contact the appropriate representatives of the Lessor, the Lessee may commence such Material Structural Work as may be necessary in order to address such emergency without the Lessor's prior approval, provided, however, that the Lessee shall immediately thereafter advise the Lessor of such emergency and the nature and scope of the Material Structural Work commenced and shall obtain the Lessor's approval of the remaining Material Structural Work to be completed.