Common use of Tenant’s Personal Property Clause in Contracts

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property Property, and Tenant shallmay, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior sooner termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each the Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in All of Tenant’s 's Personal Property and, upon not removed by Tenant on or prior to the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor Landlord without the necessity of first giving notice thereof to Tenant or Leasehold Mortgagee and Tenant, without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable lawtherefor. Tenant willshall, at its expense, restore such the Leased Property to the condition required by Section 9.1(d)5.4, including repair of all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant or Landlord. If Tenant uses any item of tangible personal property (other than motor vehicles) on, or in connection with, the Leased Property which belongs to anyone other than Tenant, Leasehold Mortgagee Tenant shall use its best efforts to require the agreement permitting such use to provide that Landlord or Lessorits designee may assume Tenant's rights under such agreement upon management of the Facility by Landlord or its designee.

Tenant’s Personal Property. Tenant may (and shall as provided -------------------------- hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination ------------ of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant ------------ and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all -------------- damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Landlord and Tenant may hereby acknowledge and agree that during the term of this Lease Tenant will have within the Premises, or will cause to be placed upon Premises, certain furniture (and shall as provided hereinbelowincluding employee workstations), at its expenseoffice equipment, installcomputers, affix or assemble or place on any parcels of fixtures, office supplies and other personal property used in the Land or in any of the Leased Improvements, any items operation of Tenant’s 's business and owned or leased by Tenant (collectively, "Tenant's Personal Property"). Landlord does hereby acknowledge and agree that Tenant's Personal Property shall be and remain the sole property of Tenant or any lessor or mortgagee of Tenant's Personal Property and Tenant shallshall be and remain personal property, subject to the conditions set forth below and except for any that Tenant’s 's Personal Property shall not at any time be deemed a part of the realty and that is purchased Tenant's Personal Property may be removed from the Premises by Lessor pursuant to Section 37.2 below, remove the same Tenant or its equipment lessor or mortgagee at any time before or upon the expiration or any prior other termination of the Termthis Lease. Tenant shall provide and maintain during be responsible for the entire Term cost of Landlord to repair any damage to the Premises occasioned by such removal. If Tenant shall not remove all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in from the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the Premises at any expiration or earlier other termination of this Lease as it relates Lease, Landlord shall have the right, at Landlord's election, to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased remove all or part of Tenant's Personal Property in order to remove such Tenant’s Personal Propertyany manner that Landlord shall choose and store, so long as Leasehold Mortgageedemolish, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor destroy or otherwise dispose of the same without liability to Tenant for loss thereof, and Tenant shall be liable to Landlord for all expenses incurred in accordance with applicable law. Tenant willsuch removal, at its expensedemolition, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal destruction or disposal of Tenant’s 's Personal Property and also for the cost of storage of the same, if Landlord elects to store such items. Prior to any such removal, demolition, destruction or disposal of Tenant's Personal Property, whether effected Landlord shall provide Tenant fifteen (15) days notice to pick up any of Tenant's Personal Property remaining within the Premises. Tenant's Personal Property shall not include any equipment, fixtures, appliances, machinery or other personal property that is used in connection with the operation of building improvements located on the Premises, as distinguished from being used by Tenant in connection with the operation of its business upon the Premises; nor shall Tenant, Leasehold Mortgagee 's Personal Property include any such items that were assigned or Lessorconveyed to Landlord in connection with Landlord's acquisition of the Premises. The provisions of this Paragraph shall survive the expiration or termination of this Lease.

Tenant’s Personal Property. Tenant will acquire and maintain -------------------------- throughout the Term such Inventory as is required to operate the Leased Property in the manner contemplated by this Lease. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of personal property (including Inventory) owned by Tenant’s . Tenant, at the commencement of the Term, and from time to time thereafter, shall provide Landlord with an accurate list of all such items of Tenant's personal property (collectively, "Tenant's Personal Property and Property"). Tenant shallmay, subject to the first sentence of this Section 6.2 and the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove any of Tenant's Personal Property set forth on such list at any time during the same Term or upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such All of Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgageeother than Inventory, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one ten days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below Term shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor Landlord without first giving notice Notice thereof to Tenant or Leasehold Mortgagee and Tenant, without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable lawtherefor. Tenant will, at its expense, restore such the Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant or Landlord. Upon the expiration or earlier termination of the Term, Landlord or its designee shall have the option to purchase all Inventory on hand at the Leased Property at the time of such expiration or termination for a sale price equal to the fair market value of such Inventory. Tenant may make such financing arrangements, title retention agreements, leases or other agreements with respect to the Tenant's Personal Property as it sees fit provided that Tenant first advises Landlord of any such arrangement and such arrangement expressly provides that in the event of Tenant's default thereunder, Leasehold Mortgagee Landlord (or Lessorits designee) may assume Tenant's obligations and rights under such arrangement.

Tenant’s Personal Property. Tenant may (TENANT'S personal property and shall as provided hereinbelow), at its expense, install, affix or assemble or place effects are the TENANT'S sole responsibility throughout the tenancy. LANDLORD'S insurance will not cover TENANT'S personal property and TENANT agrees to carry his/her own insurance on any parcels such property and personal effects. All personal property of the Land tenant on said premises shall remain his sole responsibility and risk, and the Landlord shall not be liable for any damages to, or loss of such personal property arising from any acts of negligence of any other person, nor from the leaking of the roof, or from bursting, leaking, or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the Landlord be liable for any injury to the tenant or other person in or about the premises, the tenant expressly agreeing to save the Landlord harmless in all such causes and events. ADDITIONAL PROVISIONS: UNAVAILABILITY OF PREMISES/DUPLICATE BOOKING/OTHER: If for any reason the Landlord is unable to provide the Premises in a fit and habitable condition or make the Premises available for this lease, the LANDLORD shall either A) provide and TENANT shall accept a substitute reasonably comparable property and LANDLORD shall pay any additional charges that would be due in excess of the rate for the original booking OR B) refund all rents and fees paid for the original booking together with a 15% (of base rental) override and cancel the lease with no further liability. It is hereby agreed that these are the only two alternatives and the sole remedy for any and all damages, liability or inconvenience arising out of LANDLORD’s failure to make the Premises available. ACTS OF GOD/CONSTRUCTION NOISE: Landlord shall not be liable for events beyond their control which may interfere with Tenant's occupancy, such as Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances. INSURANCE: Tenant agrees that Landlord shall not be liable for travel disruptions, Tenant's personal property or illness or injury. Tenant is strongly encouraged to purchase a Vacation Insurance Policy. Please ask us for referrals. RIGHT OF ENTRY: The Landlord, his agents or representatives shall have the right to enter the Premises during reasonable hours to inspect, make alterations and/or repairs, or to provide maintenance as Landlord may deem appropriate. TENANT acknowledges that routine care taking and grounds maintenance will occur periodically during the lease period. ABANDONED PERSONAL PROPERTY: When the TENANT vacates or abandons the property any personal property left behind on the premises shall be deemed abandoned by the TENANT and LANDLORD shall not be held responsible. During TENANT's occupancy TENANT is solely responsible for the security of all of TENANT’s personal property and the LANDLORD shall not in any way be liable for loss, theft or damage of the Leased Improvementssame. Additionally, any items TENANT shall however, be responsible for LANDLORD's personal property under the TENANT's control by virtue of Tenant’s Personal Property this lease. If you leave something behind we will make every effort to locate it and Tenant shallreturn it to you C.O.D. Items unclaimed after thirty days will be donated to charity. DAMAGE/SECURITY DEPOSIT: May be applied to actual damages caused by TENANT, subject excess phone or cable charges, excessive cleaning charges, excess services required, fines imposed and/or costs of enforcing this lease. Within 30 days following the end of the tenancy the Damage/Security Deposit will be applied, accounted for or refunded to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant TENANT. If the TENANT has provided a credit card, the TENANT hereby authorizes the LANDLORD to Section 37.2 below, remove the same upon the expiration or any prior termination of the Termcharge these charges to his/her account. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor report any INDEMNIFICATION AND HOLD HARMLESS: Tenant agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs indemnify and hold harmless Owner and Landlord and their representatives from and against any liability for personal injury or causes to be repaired, any property damage to such Leased Property caused sustained by any such removalperson (including Tenant's guests) as a result of any cause, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property unless caused by the removal gross negligence or intentional willful act of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee the Owner or LessorLandlord.

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such TenantPersonal Property, in addition to Landlord’s Personal Property Property, as shall be necessary and appropriate in order to operate each Facility the Facilities for the Primary Intended Use in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended UseUse (“Tenant’s Personal Property”). Lessor acknowledges that Leasehold Mortgagee has a security interest in Except to the extent specifically allowed under Section 8.2.1.4 of this Lease, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, Tenant shall not permit or suffer Tenant’s Personal Property andto be subject to any lien, charge, encumbrance, financing statement or contract of sale or the like other than that provided for in Section 6.3 below. Except for those items of Personal Property listed on Schedule 6.3 which shall at all times belong to and may be removed by Tenant, upon the expiration of the Term or the earlier termination of this Lease as it relates Lease, without the payment of any additional consideration by Landlord, Tenant shall be deemed to a Leased Propertyhave sold, Lessor agrees assigned, transferred and conveyed to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All Landlord all of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect right, title and interest in and to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property. In connection with any Personal Property sold, whether effected assigned, transferred or conveyed to Landlord pursuant to the preceding sentence, Landlord shall have the option to assume, or cause the new operator to assume, any lease or equipment financing obligations of Tenant permitted under Section 8.2.1.4 hereof. If such option is not exercised, then such Personal Property shall not be sold, assigned, transferred or conveyed to Landlord. Both parties agree that Landlord owns as of the Commencement Date, and will own all of the Personal Property at the Facilities as of the expiration of the Term or the earlier termination of this Lease, except for those items of Personal Property listed on Schedule 6.3, equipment that is leased or financed pursuant Section 8.2.1.4 of this Lease, and those items of Personal Property previously owned by Tenanta tenant under the Existing Leases that is not fully depreciated. Both parties further agree that, Leasehold Mortgagee notwithstanding anything in the Expiring Lease to the contrary and for the purpose of the continued leasing of the Facilities by Tenant under this Lease, Tenant will continue to own all of the Personal Property at the Facilities on the Commencement Date that for accounting purposes has not been fully depreciated by Tenant as of the Commencement Date until the earlier of (i) the expiration of the Term, (ii) the earlier termination of this Lease, or Lessor(ii) the date such item of Personal Property is fully depreciated, at which time it shall automatically become the property of Landlord.

Tenant’s Personal Property. Tenant may (and shall as -------------------------- provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior ------------ termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be ------------ considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose disposed of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), -------------- including repair of all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Tenant may (and shall as -------------------------- provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior ------------ termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned ------------ by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose disposed of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of -------------- all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such TenantPersonal Property, in addition to Landlord’s Personal Property Property, as shall be necessary and appropriate in order to operate each Facility the Facilities for the Primary Intended Use in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended UseUse (“Tenant’s Personal Property”). Lessor acknowledges that Leasehold Mortgagee has a security interest in Except to the extent specifically allowed under Section 8.2.1.4 of this Lease, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, Tenant shall not permit or suffer Tenant’s Personal Property andto be subject to any lien, charge, encumbrance, financing statement or contract of sale or the like other A request for confidential treatment has been made with respect to portions of this document that are marked ‘[*****]’. The redacted portions have been filed separately with the SEC. 33 Master Lease (OHI - Diversicare) Derwent – 9.25.18 than that provided for in Section 6.3 below. Except for those items of Personal Property listed on Schedule 6.3 which shall at all times belong to and may be removed by Tenant, upon the expiration of the Term or the earlier termination of this Lease as it relates Lease, without the payment of any additional consideration by Landlord, Tenant shall be deemed to a Leased Propertyhave sold, Lessor agrees assigned, transferred and conveyed to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All Landlord all of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect right, title and interest in and to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property. In connection with any Personal Property sold, whether effected assigned, transferred or conveyed to Landlord pursuant to the preceding sentence, Landlord shall have the option to assume, or cause the new operator to assume, any lease or equipment financing obligations of Tenant permitted under Section 8.2.1.4 hereof. If such option is not exercised, then such Personal Property shall not be sold, assigned, transferred or conveyed to Landlord. Both parties agree that Landlord owns as of the Commencement Date, and will own all of the Personal Property at the Facilities as of the expiration of the Term or the earlier termination of this Lease, except for those items of Personal Property listed on Schedule 6.3, equipment that is leased or financed pursuant Section 8.2.1.4 of this Lease, and those items of Personal Property previously owned by Tenanta tenant under the Existing Leases that is not fully depreciated. Both parties further agree that, Leasehold Mortgagee notwithstanding anything in the Expiring Lease to the contrary and for the purpose of the continued leasing of the Facilities by Tenant under this Lease, Tenant will continue to own all of the Personal Property at the Facilities on the Commencement Date that for accounting purposes has not been fully depreciated by Tenant as of the Commencement Date until the earlier of (i) the expiration of the Term, (ii) the earlier termination of this Lease, or Lessor(ii) the date such item of Personal Property is fully depreciated, at which time it shall automatically become the property of Landlord.

Tenant’s Personal Property. If Landlord repossesses the Leased Premises pursuant to the authority granted in Section 7.1 above, or if Tenant may (and shall as provided hereinbelow), at its expense, install, affix vacates or assemble abandons all or place on any parcels of the Land or in any part of the Leased ImprovementsPremises, then, in addition to Landlord’s rights under Section 7.1(b) hereof, Landlord shall have the right to (a) keep in place (and charge Tenant reasonable rent for such storage thereof) or (c) use or (b) remove and store, at Tenant’s cost and expense, all of the furniture, fixtures and equipment at the Leased Premises, including that which is owned by or leased to Tenant, at all times prior to foreclosure thereon by Landlord or repossession thereof by any items lessor thereof or third party having a lien thereon. In addition to Landlord’s other rights hereunder, Landlord may dispose of the stored property, at Tenant’s cost and expense, if Tenant does not claim the property within twenty (20) days after the date the property is stored. Landlord shall provide Tenant with at least twenty (20) days prior written notice of such intended disposition. After notice to Tenant and a reasonable opportunity to make claim to the property, Landlord shall also have the right to relinquish possession of all or any portion of such furniture, fixtures, equipment and other property to any person (“Claimant”) who presents to Landlord a copy of any instrument represented by Claimant to have been executed by Tenant (or any predecessor of Tenant) granting Claimant the right to take possession of such furniture, fixtures, equipment or other property, without the necessity on the part of Landlord to inquire into the authenticity or legality of said instrument. The rights of Landlord under this Section 7.2 shall be in addition to any and all other rights that Landlord has or may hereafter have at law or in equity. Notwithstanding the foregoing, Landlord shall not assert any lien claims or rights of retention (or rights of destruction) as to Tenant’s medical or study subject records, clinical protocols, study reports, study compliance materials, client information or materials, or other clinical study data (whether stored in hard form or electronic media), nor to any biological or pharmacological materials that Tenant is required to maintain pursuant to any study protocol or governmental regulation; and promptly upon written request, and in any event prior to the disposition of Tenant’s Personal Property and Tenant shallproperty by Landlord as provided above, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide be entitled (and maintain during the entire Term afforded a reasonable opportunity) to retrieve all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d)materials, including repair all of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee its electronic or Lessorcomputer files.

Tenant’s Personal Property. In the event of a monetary default for nonpayment of Net Basic Rent and expenses by Tenant of any terms, covenants, agreements, or conditions of this Lease, then Landlord at its option, without notice or other act, shall become the owner of any or all of Tenant's equipment, fixtures, chattels, and inventory and other personal property at Demised Premises to secure sums due Landlord hereunder, and Landlord may (thereupon take possession of any or all of the above, and Tenant shall not remove same from the Demised Premises without Landlord consent, and the same may be sold by Landlord and surplus proceeds after payment of arrears and costs of sale to Landlord shall be returned to Tenant. Sale may be public or private and with or without advertisement as Landlord may deem appropriate. Landlord may bid at sale. Tenant agrees not to create or suffer to be created, a lien on any alterations, improvements, or repairs to the Demised Premises. Landlord may, without notice, at its option, appropriate, sell, store or otherwise dispose of any personal property, inventory, fixtures, equipment and chattels left on or about the Demised Premises by Tenant after Tenant has vacated and/or after the Lease has been terminated or expired. Tenant to be responsible for costs of storage and disposition and shall as provided hereinbelow)have no rights to share in any of the net proceeds. At the Landlord's option, Tenant shall, at its expense, install, affix or assemble or place on any parcels remove from the Demised Premises the aforesaid items. This clause is intended to be supplementary to and not in limitation of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination other clauses of this Lease as it relates to and in the event of a Leased Propertyconflict between the rights of Landlord in Tenant's inventory, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Propertyfixture, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removalchattels, and further agrees to subordinatepersonal property created by this clause or any other clause in this Lease, and hereby subordinates, to that clause which creates the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose greatest rights of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee or LessorLandlord shall control.

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during (or cause to be provided and maintained) throughout the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable material Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Permitted Use. Lessor acknowledges that Leasehold Mortgagee has a security interest In furtherance, but not in Tenant’s Personal Property andlimitation of, upon the expiration or earlier termination of this Lease as it relates foregoing, Tenant shall have the right in its sole and absolute discretion from time to a Leased Propertytime to install, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to alter, remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on and/or replace such Tenant’s Personal Property as it shall deem to be useful or desirable in connection with its business in the Leased Property. Tenant and its subtenants further shall have the right to enter into such agreements and assignments with respect to Tenant’s Personal Property as are necessary for Tenant or its subtenant to lease or obtain such financing for Tenant’s Personal Property as Tenant or its subtenant shall desire. Landlord shall execute such landlord consents and other agreements as shall be reasonably requested by Tenant in connection with any xxxx Xxxxxx such agreements and arrangements provided, however, that Tenant shall reimburse Landlord, within ten (10) days of invoice therefor, for any costs incurred by Landlord in connection with such consents and agreements and any consents or agreements executed by Landlord pursuant to this paragraph shall impose no obligations or liabilities on Landlord nor adversely affect any of Landlord’s rights under this Agreement. To the extent required by Tenant’s lessor or lender thereof, Landlord shall subordinate to the rights of such lessor or lender Landlord’s rights under Article 15 of this Agreement and any right which Landlord now has thereon. All or may hereafter have under Applicable Law to levy or distrain upon any of Tenant’s Personal Property not removed by Tenant for rent or Leasehold Mortgagee within twenty-one days following the expiration to claim or earlier termination of this Lease with respect assert title to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessorsubject to such lender to agreeing to terms consistent with the provisions of Section 7.2.

Tenant’s Personal Property. Tenant will acquire and maintain throughout the Term such Inventory as is required to operate the Leased Property in the manner contemplated by this Lease. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of personal property (including Inventory) owned by Tenant. Tenant, at the commencement of the Term, and from time to time thereafter, shall provide Landlord with an accurate list of all such items of Tenant’s personal property (collectively, the “Tenant’s Personal Property”). Tenant may, subject to the first sentence of this Section 6.2 and the conditions set forth below, remove any of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for on such list at any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove time during the same Term or upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination All of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgageeother than Inventory, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one ten (10) days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below Term shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor Landlord without first giving notice Notice thereof to Tenant or Leasehold Mortgagee and Tenant, without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable lawtherefor. Tenant will, at its expense, restore such the Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant or Landlord. Upon the expiration or earlier termination of the Term, Tenant shall sell and Landlord, or its designee, shall purchase all Inventory on hand at the Leased Property at the time of such expiration or termination for a sale price equal to Tenant’s actual cost of such Inventory, Leasehold Mortgagee as evidenced by invoices, receipts, or Lessorother reasonable documentation. Tenant may make such financing arrangements, title retention agreements, leases or other agreements with respect to the Tenant’s Personal Property as it sees fit provided that Tenant first advises Landlord of any such arrangement and such arrangement expressly provides that in the event of Tenant’s default thereunder, Landlord (or its designee) may assume Tenant’s obligations and rights under such arrangement.

Tenant’s Personal Property. All trade fixtures, decorations, signs and apparatus (as distinguished from leasehold improvements) owned by Tenant may and installed in the Premises (“Tenant Personal Property”) other than Tenant Personal Property purchased with the Construction Allowance shall remain the property of Tenant and shall as provided hereinbelow)be removable at any time, at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same including upon the expiration or any prior sooner termination of the Term. this Lease; provided Tenant shall provide not at such time be in default of any terms or covenants of this Lease; and maintain during provided further that Tenant shall promptly repair any damage to the entire Term all such Tenant’s Premises caused by the removal of any Tenant Personal Property. Any Tenant Personal Property not removed from the Premises by Tenant upon the expiration or within fifteen (15) days after any sooner termination of this Lease may be construed by Landlord as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Useabandoned by Tenant. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon Upon the expiration or earlier termination of this Lease as it relates to a Leased PropertyLease, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property Landlord and Tenant shall, in order to remove such Tenant’s Personal Propertygood faith, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by coordinate the removal of Tenant’s Personal PropertyProperty from the Premises to avoid unreasonably interfering with the operations of Landlord or other tenants in the Hotel/Casino and other tenants and occupants of the Development. Tenant shall have the right, whether effected without Landlord’s consent, to finance any Tenant Personal Property and to grant security interests therein to secure such financing. Upon request, Landlord shall subordinate any Landlord’s lien on any Tenant Personal Property to any such security interest, and Landlord agrees, upon request, to confirm such subordination in writing in a commercially reasonable form requested by Tenant and/or Tenant’s lender, Leasehold Mortgagee or Lessorwithin twenty (20) days after Landlord’s receipt of such form.

Tenant’s Personal Property. Tenant may (TENANT'S personal property and shall as provided hereinbelow), at its expense, install, affix or assemble or place effects are the TENANT'S sole responsibility throughout the tenancy. LANDLORD'S insurance will not cover TENANT'S personal property and TENANT agrees to carry his/her own insurance on any parcels such property and personal effects. All personal property of the Land tenant on said premises shall remain his sole responsibility and risk, and the Landlord shall not be liable for any damages to, or loss of such personal property arising from any acts of negligence of any other person, nor from the leaking of the roof, or from bursting, leaking, or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the Landlord be liable for any injury to the tenant or other person in or about the premises, the tenant expressly agreeing to save the Landlord harmless in all such causes and events. ADDITIONAL PROVISIONS: UNAVAILABILITY OF PREMISES/DUPLICATE BOOKING/OTHER: If for any reason the Landlord is unable to provide the Premises in a fit and habitable condition or make the Premises available for this lease, the LANDLORD shall either A) provide and TENANT shall accept a substitute reasonably comparable property and LANDLORD shall pay any additional charges that would be due in excess of the rate for the original booking OR B) refund all rents and fees paid for the original booking together with a 15% (of base rental) override and cancel the lease with no further liability. It is hereby agreed that these are the only two alternatives and the sole remedy for any and all damages, liability or inconvenience arising out of LANDLORD's failure to make the Premises available. ACTS OF GOD/CONSTRUCTION NOISE: Landlord shall not be liable for events beyond their control which may interfere with Tenant's occupancy, such as Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances. INSURANCE: Tenant agrees that Landlord shall not be liable for travel disruptions, Tenant's personal property or illness or injury. Tenant is strongly encouraged to purchase a Vacation Insurance Policy. Please ask us for referrals. RIGHT OF ENTRY: The Landlord, his agents or representatives shall have the right to enter the Premises during reasonable hours to inspect, make alterations and/or repairs, or to provide maintenance as Landlord may deem appropriate. TENANT acknowledges that routine care taking and grounds maintenance will occur periodically during the lease period. ABANDONED PERSONAL PROPERTY: When the TENANT vacates or abandons the property any personal property left behind on the premises shall be deemed abandoned by the TENANT and LANDLORD shall not be held responsible. During TENANT's occupancy TENANT is solely responsible for the security of all of TENANT's personal property and the LANDLORD shall not in any way be liable for loss, theft or damage of the Leased Improvementssame. Additionally, any items TENANT shall however, be responsible for LANDLORD's personal property under the TENANT's control by virtue of Tenant’s Personal Property this lease. If you leave something behind we will make every effort to locate it and Tenant shallreturn it to you C.O.D. Items unclaimed after thirty days will be donated to charity. DAMAGE/SECURITY DEPOSIT: May be applied to actual damages caused by TENANT, subject excess phone or cable charges, excessive cleaning charges, excess services required, fines imposed and/or costs of enforcing this lease. Within 30 days following the end of the tenancy the Damage/Security Deposit will be applied, accounted for or refunded to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant TENANT. If the TENANT has provided a credit card, the TENANT hereby authorizes the LANDLORD to Section 37.2 below, remove the same upon the expiration or any prior termination of the Termcharge these charges to his/her account. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, report any damage noted upon arrival to such Leased Property caused by avoid any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee or LessorDamage/Security Deposit losses.

Tenant’s Personal Property. Tenant may (and shall as provided -------------------------- hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination ------------ of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be ------------ considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose disposed of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), -------------- including repair of all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Tenant If Landlord repossesses the Premises pursuant to the authority granted by the Lease, then Landlord shall have the right to 1) keep in place and use, or 2) remove and store, at Tenant's expense, all of the furniture, fixtures, equipment, and other property in the Premises, including that which is owned by or leased to Tenant. Landlord may relinquish possession of all or any portion of such furniture, fixtures, equipment, and other property to any person (and shall as provided hereinbelow)a "Claimant") who presents to Landlord a photocopy of any instrument represented by Claimant to have been executed by Xxxxxx (or any predecessor of Tenant) granting Claimant the right, under various circumstances, to take possession of such furniture, fixtures, equipment, or other property, without the necessity on the part of Landlord to inquire into the authenticity or legality of the instrument. Landlord may, at its expenseoption and without prejudice to or waiver of any rights it may have, install1) escort Tenant to the Premises to retrieve any personal belongings of Tenant and/or its employees not covered by Landlord's statutory lien or the security interest described below, affix or assemble or place on any parcels 2) obtain a list from Tenant of the Land personal property of Tenant and/ or its employees that is not covered by Landlord's statutory lien or the security interest described below, and make such property available to Tenant and/or Tenant's employees; however, Tenant first shall 33265500v4 pay in cash all costs and estimated expenses to be incurred by Landlord in connection with the removal of such property. Non-Waiver by Landlord Xxxxxxxx's acceptance of rent following an Event of Default shall not waive Landlord's rights regarding such Event of Default. Xxxxxxxx's receipt of rent with knowledge of any Event of Default by Tenant under the Lease shall not be a waiver of such Event of Default, and no waiver by Landlord of any provision of the Lease shall be deemed to have been made unless set forth in writing and signed by Landlord. The failure of Landlord to insist at any time upon strict performance of any of the Leased Improvements, any items of Tenant’s Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination terms of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s Personal Property as shall be necessary in order Lease, or to operate each Facility in compliance with all licensure and certification requirementsexercise any option, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice right, power, or remedy contained in the industry for Lease is not a waiver of said right or remedy in the Primary Intended Usefuture. Lessor acknowledges Rights Cumulative The rights of Xxxxxxxx stated above are in addition to any and all other rights that Leasehold Mortgagee Landlord has a security interest or may have either at law or in Tenant’s Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removalequity, and further Xxxxxx agrees to subordinate, and hereby subordinates, to that the lien of Leasehold Mortgagee on such Tenant’s Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused rights granted by the removal of Tenant’s Personal Property, whether effected by Tenant, Leasehold Mortgagee or LessorLease to Landlord are commercially reasonable.

Tenant’s Personal Property. Tenant may (and shall as provided -------------------------- hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination ------------ of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant ------------ and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose disposed of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the -------------- Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.

Tenant’s Personal Property. Tenant may (and shall as provided hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of Tenant’s 's Personal Property and Tenant shall, subject to the conditions set forth below and except for any Tenant’s 's Personal Property that is purchased by Lessor pursuant to Section 37.2 below, remove the same upon the expiration or any prior termination of the Term. Tenant shall provide and maintain during the entire Term all such Tenant’s 's Personal Property as shall be necessary in order to operate each Facility in compliance with all licensure and certification requirements, in compliance with all applicable Legal Requirements and Insurance Requirements and otherwise in accordance with customary practice in the industry for the Primary Intended Use. Lessor acknowledges that Leasehold Mortgagee has a security interest in Tenant’s 's Personal Property and, upon the expiration or earlier termination of this Lease as it relates to a Leased Property, Lessor agrees to permit Leasehold Mortgagee to enter on such Leased Property in order to remove such Tenant’s 's Personal Property, so long as Leasehold Mortgagee, at no expense to Lessor, repairs or causes to be repaired, any damage to such Leased Property caused by any such removal, and further agrees to subordinate, and hereby subordinates, to the lien of Leasehold Mortgagee on such Tenant’s 's Personal Property any xxxx Xxxxxx has thereon. All of Tenant’s 's Personal Property not removed by Tenant or Leasehold Mortgagee within twenty-one days following the expiration or earlier termination of this Lease with respect to the applicable Leased Property where such Tenant’s 's Personal Property is located or sold to Lessor pursuant to Section 37.2 below shall be considered abandoned by Tenant and Leasehold Mortgagee and may be appropriated, sold, destroyed or otherwise disposed of by Lessor without first giving notice thereof to Tenant or Leasehold Mortgagee and without any payment to Tenant or Leasehold Mortgagee and without any obligation to account therefor or otherwise dispose disposed of the same in accordance with applicable law. Tenant will, at its expense, restore such Leased Property to the condition required by Section 9.1(d), including repair of all damage to the Leased Property caused by the removal of Tenant’s 's Personal Property, whether effected by Tenant, Leasehold Mortgagee or Lessor.