Common use of Miscellaneous and General Clause in Contracts

Miscellaneous and General. Section 7.01. Modification or Amendment 28 Section 7.02. Termination 28 Section 7.03. Notices 28 Section 7.04. Interpretation 29 Section 7.05. Severability 29 Section 7.06. Counterparts 30 Section 7.07. Entire Agreement; Third Party Beneficiaries 30 Section 7.08. Certain Obligations 30 Section 7.09. Governing Law 30 Section 7.10. Assignment 30 Section 7.11. Dispute Resolution; Waiver of Jury Trial 31 Section 7.12. Limitation of Liability 32 Section 7.13. Extension; Waiver 32 Schedules and Exhibits Schedule 1.01(a) ALC Litigation Schedule 1.01(b) EHSI Assisted Living Facilities Schedule 1.01(c) Excluded Assets Schedule 3.01 Separation Transactions Schedule 3.04 Continuing Intercompany Arrangements Exhibit I Tax Allocation Agreement Exhibit II Agreement for Payroll and Benefit Services Exhibit III [Reserved] Exhibit IV Agreement for Reimbursement Services Exhibit V Technology Services Agreement Exhibit VI EHSI Assisted Living Facility Purchase and Sale Agreement SEPARATION AGREEMENT dated as of , 2006 (this “Separation Agreement”), between EXTENDICARE INC., a corporation organized under the laws of Ontario, and Assisted Living Concepts, Inc., a corporation organized under the laws of Nevada and, prior to the Separation, a wholly owned subsidiary of Extendicare.

Miscellaneous and General. Section 7.01. Modification or Amendment 28 Section 7.02. Termination 28 Section 7.03. Notices 28 Section 7.04. Interpretation 29 Section 7.05. Severability 29 Section 7.06. Counterparts 30 Section 7.07. Entire Agreement; Third Party Beneficiaries 30 Section 7.08. Certain Obligations 30 Section 7.09. Governing Law 30 Section 7.10. Assignment 30 Section 7.11. Dispute Resolution; Waiver of Jury Trial 31 30 Section 7.12. Limitation of Liability 32 31 Section 7.13. Extension; Waiver 32 Schedules and Exhibits Schedule 1.01(a) ALC Information Statement Schedule 1.01(b) ALC Litigation Schedule 1.01(b1.01(c) EHSI Assisted Living Facilities Schedule 1.01(c1.01(d) Excluded Assets Schedule 1.01(e) Extendicare Stock Plans Schedule 3.01 Separation Transactions Schedule 3.04 Continuing Intercompany Arrangements Exhibit I Tax Allocation Agreement Exhibit II Agreement for Payroll and Benefit Services Exhibit III [Reserved] Exhibit IV Agreement for Reimbursement Services Exhibit V Technology Services Agreement Exhibit VI EHSI Assisted Living Facility Purchase and Sale Agreement SEPARATION AGREEMENT dated as of , 2006 (this “Separation Agreement”), between EXTENDICARE INC.REAL ESTATE INVESTMENT TRUST, a corporation organized an unincorporated open-ended real estate trust established under the laws of OntarioOntario (“Extendicare”), and Assisted Living Concepts, Inc., a corporation organized under the laws of Nevada (“ALC”) and, prior to the SeparationSeparation (as defined herein), a wholly owned subsidiary of Extendicare.

Miscellaneous and General. Section 7.01. Modification or Amendment 28 Section 7.02. Termination 28 Section 7.03. Notices 28 Section 7.04. Interpretation 29 Section 7.05. Severability 29 Section 7.06. Counterparts 30 Section 7.07. Entire Agreement; Third Party Beneficiaries 30 Section 7.08. Certain Obligations 30 Section 7.09. Governing Law 30 Section 7.10. Assignment 30 Section 7.11. Dispute Resolution; Waiver of Jury Trial 31 Section 7.12. Limitation of Liability 32 Section 7.13. Extension; Waiver 32 Schedules and Exhibits Schedule 1.01(a) ALC Litigation Schedule 1.01(b) EHSI Assisted Living Facilities Schedule 1.01(c) Excluded Assets Schedule 3.01 Separation Transactions Schedule 3.04 Continuing Intercompany Arrangements Exhibit I Tax Allocation Agreement Exhibit II Agreement for Payroll and Benefit Services Exhibit III [Reserved] Exhibit IV Agreement for Reimbursement Services Exhibit V Technology Services Agreement Exhibit VI EHSI Assisted Living Facility Purchase and Sale Agreement SEPARATION AGREEMENT dated as of , 2006 (this “Separation Agreement”), between EXTENDICARE INC., a corporation organized continued under the laws of OntarioCanada, and Assisted Living Concepts, Inc., a corporation organized under the laws of Nevada and, prior to the Separation, a wholly owned subsidiary of Extendicare.

Miscellaneous and General. Section 7.01. Modification or Amendment 28 Section 7.02. Termination 28 Section 7.03. Notices 28 29 Section 7.04. Interpretation 29 Section 7.05. Severability 29 30 Section 7.06. Counterparts 30 Section 7.07. Entire Agreement; Third Party Beneficiaries 30 Section 7.08. Certain Obligations 30 Section 7.09. Governing Law 30 Section 7.10. Assignment 30 31 Section 7.11. Dispute Resolution; Waiver of Jury Trial 31 Section 7.12. Limitation of Liability 32 Section 7.13. Extension; Waiver 32 Schedules and Exhibits Schedule 1.01(a) ALC Litigation Schedule 1.01(b) EHSI Assisted Living Facilities Schedule 1.01(c) Excluded Assets Schedule 3.01 Separation Transactions Schedule 3.04 Continuing Intercompany Arrangements Exhibit I Tax Allocation Agreement Exhibit II Agreement for Payroll and Benefit Services Exhibit III [Reserved] Exhibit IV Agreement for Reimbursement Services Exhibit V Technology Services Agreement Exhibit VI EHSI Assisted Living Facility Purchase and Sale Agreement SEPARATION AGREEMENT dated as of November 10, 2006 (this “Separation Agreement”), between EXTENDICARE INC., a corporation organized continued under the laws of OntarioCanada, and Assisted Living ConceptsASSISTED LIVING CONCEPTS, Inc.INC., a corporation organized under the laws of Nevada and, prior to the Separation, a wholly owned subsidiary of Extendicare.