Common use of Purpose and Use Clause in Contracts

Purpose and Use. Tenant shall operate the Parking Facility as a public parking facility and for no other use which shall, subject to the terms of this Agreement, be made available on a non- exclusive basis twenty four (24) hours per day, 365 days per year (the “Use”). Tenant shall prevent the use of the Parking Facility for the parking of vehicles other than: automobiles, light trucks, non-commercial vehicles, vans and motorcycles, provided each such vehicle can safely fit within the Parking Facility in a single parking space without damaging the Parking Facility or unreasonably interfering with the ability to park other vehicles. Tenant shall further prevent the use of the Parking Facility for any maintenance of any vehicles of any type, or storage of recreational vehicles, boats, any other unregistered vehicles of any type, or any other modes of transportation other than passenger vehicles. Tenant and Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees, (collectively, “Tenant Parties”) shall also have the right of access, ingress and egress over and upon the Premises in order to utilize the Premises for pedestrian and vehicular access to the Parking Facility. The Tenant agrees to abide by any and all reasonable regulations for the use of the Parking Facility as may from time to time be prescribed by Landlord and delivered to Tenant in writing. Except in the event of an emergency in which no prior approval shall be required, with written approval from the Tenant which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may at any time and from time to time close all or any portion of the Parking Facility to make repairs, improvements, alterations or changes and, to the extent necessary in the opinion of Landlord, to prevent a dedication thereof or the accrual of any rights to any person or to the public therein. As a condition of obtaining written approval of Tenant for such action by Landlord, Landlord agrees to first consult with Tenant so as to coordinate such necessary repairs, improvements, alterations or changes to the Parking Facility in an effort to minimize the impact on Tenant’s operations. Unless required due to the negligence or willful misconduct of any Tenant Party, if all or a material portion of the Parking Facility must be closed for more than two (2) days for repairs, improvements, alterations or changes being performed by the Landlord pursuant to this Agreement (other than pursuant to Landlord’s self-help rights pursuant to Section 12), Tenant’s Rent shall be abated for the period of time all or such portion of the Parking Facility is closed. The abatement shall equal to Tenant’s Rent for the period of time beyond the allowed two (2) days that all or such portion of the Parking Facility is closed. The abatement contained in this Section 4.1 shall not apply to the Facility Improvement Work and the Facility Improvement Period which shall be governed by Article 16.

Purpose and Use. (a) The Leased Premises are leased for the purpose of, and shall be used by Tenant shall operate only for the Parking Facility as a public parking operation of an assisted living facility with 37 units and for no other use or purpose. The Leased Premises shall not be used for any illegal purposes nor in any manner creating a nuisance or trespass nor in any manner which shall, subject to shall result in the terms cancellation of this Agreement, be made available on a non- exclusive basis twenty four (24) hours per day, 365 days per year (insurance for the “Use”)Leased Premises or in any increase in the rates for any such insurance. Tenant shall prevent comply in all material respects with all governmental laws, ordinances and regulations applicable to the use of the Parking Facility Leased Premises, and shall promptly comply with all governmental orders and directives for the parking correction, prevention and abatement of vehicles other than: automobilesany violation of any applicable law in, light trucksupon, non-commercial vehicles, vans and motorcycles, provided each such vehicle can safely fit within the Parking Facility in a single parking space without damaging the Parking Facility or unreasonably interfering connected with the ability Leased Premises, all from revenues from the Leased Premises or from funds provided by Landlord pursuant to park other vehiclesSection 7(e) hereof with respect to the maintenance of the Leased Premises and at the sole expense of Tenant with respect to operation of the Leased Premises. Tenant will not permit the Leased Premises to be used for any purpose which would jeopardize the applicable licensure category or render the insurance thereon void or increase the insurance premiums payable with respect thereto. (b) Tenant hereby agrees that as a material inducement to Landlord entering into this Lease, Tenant covenants that Tenant shall further prevent not cause or permit any "hazardous substance" (as hereinafter defined) to be placed, held, located or disposed of in, on or at the use Leased Premises or any part thereof and neither the Leased Premises nor any part thereof shall ever be used by Tenant as a dump site or a storage site (whether permanent or temporary) for any hazardous substances during the Term of this Lease. (c) Tenant hereby agrees to indemnify Landlord and Landlord's Mortgagee and hold Landlord and Landlord's Mortgagee harmless from and again any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney; fees, cost of any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Landlord or Landlord's Mortgagee by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from the Leased Premises of any hazardous substance, including without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys fees, cost of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so called federal, state or local "super funds" or "super lien" laws or other statute, ordinance, code, rule, regulation , order or decree regulating relating to or imposing liability, including strict liability, or standard of conduct covering any hazardous substance; provided, however, the foregoing indemnity is limited (i) to matter arising solely from Tenant's violation of the Parking Facility for covenant contain in Section 7(b) and (ii) to the extent the same can be satisfied from the revenues of the Leased Property. (d) For purposes of this lease, hazardous substances shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (the "EPA") or the list of toxic pollutants designated by Congress or the EPS or which are defined as hazardous, toxic, pollutant, infectious or radioactive by any maintenance of any vehicles of any typeother federal , state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, regulating to, or storage imposing liability or standards of recreational vehicles, boatsconduct concerning, any other unregistered vehicles hazardous, toxic or dangerous waste, substance or material, as now or at anytime hereafter in effect. (e) In the event at any time during the Term the revenues of any typethe Facility are not sufficient to cover the costs incurred or anticipated to be incurred by Tenant in connection with the operation and maintenance thereof, or any other modes of transportation other than passenger vehicles. Tenant and Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees, (collectively, “Tenant Parties”) shall also have the right of access, ingress to request that Landlord provide Tenant with the funds necessary to cover such expenses (a "Funding Request"). Each Funding Request shall be in writing and egress over shall set forth in reasonable detail the amount and upon the Premises in order to utilize the Premises for pedestrian and vehicular access to the Parking Facility. The Tenant agrees to abide by any and all reasonable regulations for the use purpose of the Parking Facility as may from time funds requested. Landlord shall have a period of ten (10) days to time review and respond to any Funding Request; provided, however, Landlord's failure to provide the funds included in a Funding Request within such ten (10) day period shall be prescribed deemed to be an election by Landlord and delivered not to Tenant in writingprovide such funds. Except in the event of an emergency in which no prior approval shall be required, with written approval from the Tenant which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may at any time and from time to time close all or any portion of the Parking Facility to make repairs, improvements, alterations or changes and, to the extent necessary in the opinion of Landlord, to prevent a dedication thereof or the accrual of any rights to any person or to the public therein. As a condition of obtaining written approval of Tenant for such action by Landlord, Landlord agrees to first consult with Tenant so as to coordinate such necessary repairs, improvements, alterations or changes to the Parking Facility in an effort to minimize the impact on Tenant’s operations. Unless required due to the negligence or willful misconduct of any Tenant Party, if all or a material portion of the Parking Facility must be closed for more than two (2) days for repairs, improvements, alterations or changes being performed by the Landlord pursuant to this Agreement (other than pursuant to Landlord’s self-help rights pursuant to Section 12), Tenant’s Rent shall be abated for the period of time all or such portion of the Parking Facility is closed. The abatement shall equal to Tenant’s Rent for the period of time beyond the allowed two (2) days that all or such portion of the Parking Facility is closed. The abatement contained in this Section 4.1 shall not apply to the Facility Improvement Work and the Facility Improvement Period which shall be governed by Article 168.

Purpose and Use. Tenant shall operate the Parking Facility as a public parking facility and for no other use which shall, subject to the terms of this Agreement, be made available on a non- exclusive basis twenty four (24) hours per day, 365 days per year (the “Use”). Tenant shall prevent the use of the Parking Facility for the parking of vehicles other than: automobiles, light trucks, non-commercial vehicles, vans and motorcycles, provided each such vehicle can safely fit within the Parking Facility in a single parking space without damaging the Parking Facility or unreasonably interfering with the ability to park other vehicles. Tenant shall further prevent the use of the Parking Facility for any maintenance of any vehicles of any type, or storage of recreational vehicles, boats, any other unregistered vehicles of any type, or any other modes of transportation other than passenger vehicles. Tenant and Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees, (collectively, “Tenant Parties”) shall also have the right of access, ingress and egress over and upon the Premises in order to utilize the Premises for pedestrian and vehicular access to the Parking Facility. The Tenant agrees to abide by any and all reasonable regulations for the use of the Parking Facility as may from time to time be prescribed by Landlord Xxxxxxxx and delivered to Tenant in writing. Except in the event of an emergency in which no prior approval shall be required, with written approval from the Tenant which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may at any time and from time to time close all or any portion of the Parking Facility to make repairs, improvements, alterations or changes and, to the extent necessary in the opinion of Landlord, to prevent a dedication thereof or the accrual of any rights to any person or to the public therein. As a condition of obtaining written approval of Tenant for such action by Landlord, Landlord Xxxxxxxx agrees to first consult with Tenant so as to coordinate such necessary repairs, improvements, alterations or changes to the Parking Facility in an effort to minimize the impact on TenantXxxxxx’s operations. Unless required due to the negligence or willful misconduct of any Tenant Party, if all or a material portion of the Parking Facility must be closed for more than two (2) days for repairs, improvements, alterations or changes being performed by the Landlord pursuant to this Agreement (other than pursuant to Landlord’s self-help rights pursuant to Section 12), TenantXxxxxx’s Rent shall be abated for the period of time all or such portion of the Parking Facility is closed. The abatement shall equal to TenantXxxxxx’s Rent for the period of time beyond the allowed two (2) days that all or such portion of the Parking Facility is closed. The abatement contained in this Section 4.1 shall not apply to the Facility Improvement Work and the Facility Improvement Period which shall be governed by Article 16.