Common use of Casualty or Condemnation Clause in Contracts

Casualty or Condemnation. If, during the Term, the Facility is (a) totally destroyed by fire or other casualty or there is a Condemnation or (b) partially destroyed by fire or other casualty or there is a partial Condemnation and as a result the Facility is Unsuitable for Use, either Manager or SNH TRS may terminate this Agreement by sixty (60) days written notice to the other and SNH TRS and/or Owner shall be entitled to retain the insurance proceeds or Condemnation award, as the case may be. If, as a result of partial destruction or partial Condemnation, the Facility is not rendered Unsuitable for Use, SNH TRS shall (or shall cause the Owner to) make the insurance proceeds or award received by SNH TRS and/or Owner available to Manager as necessary to repair or restore the destroyed or untaken portion of the Facility to the same condition as existed previously, provided Manager shall have the right to discontinue operating all or a portion of the Facility pending completion of the repairs or restoration as necessary to comply with Legal Requirements or for the safe and orderly operation of the Facility. If the cost of repair or restoration is less than the insurance proceeds or award received by SNH TRS and/or Owner, SNH TRS shall (or shall cause the Owner to) make available the funds necessary to permit the Facility or the untaken portion to be repaired and restored. If the cost of the repair or restoration exceeds the amount of insurance proceeds or award, Manager shall give notice to SNH TRS and Owner setting forth in reasonable detail the nature of such deficiency, and SNH TRS and Owner shall promptly advise Manager whether SNH TRS and/or Owner will fund the deficiency. If neither SNH TRS nor Owner elect to fund the deficiency, Manager may terminate this Agreement by notice to SNH TRS. Any obligation of SNH TRS and/or Owner to make funds available to Manager to repair or restore the Facility is subject to the requirements of any Mortgage. Notwithstanding any provisions of this Section 10.05 to the contrary, if partial destruction or a partial Condemnation occurs during the last twelve (12) months of the Term (including any renewal) and if full repair and restoration would not reasonably be expected to be completed prior to the date that is nine (9) months prior to the end of the Term (including any renewal), the provisions of this Section 10.05 shall apply as if the Facility had been rendered Unsuitable for Use.

Casualty or Condemnation. If, during the Term, the Facility Community is (a) totally destroyed by fire or other casualty or there is a Condemnation or or, (b) partially destroyed by fire or other casualty or there is a partial Condemnation and as a result the Facility Community is Unsuitable for Use, either Manager or SNH TRS Owner may terminate this Agreement by sixty (60) days written notice to the other and SNH TRS and/or Owner shall be entitled to retain the insurance proceeds or Condemnation award, as the case may be. If, as a result of partial destruction or partial Condemnation, the Facility Community is not rendered Unsuitable for Use, SNH TRS Owner shall (or shall cause the Owner to) make the insurance proceeds or award received by SNH TRS and/or Owner available to Manager as necessary to repair or restore the destroyed or untaken portion of the Facility Community to the same condition as existed previously, provided Manager shall have the right to discontinue operating all or a portion of the Facility Community pending completion of the repairs or restoration as necessary to comply with Legal Requirements or for the safe and orderly operation of the FacilityCommunity. If the cost of repair or restoration is less than the insurance proceeds or award received by SNH TRS and/or Owner, SNH TRS Owner shall (or shall cause the Owner to) make available the funds necessary to permit the Facility Community or the untaken portion to be repaired and restored. If the cost of the repair or restoration exceeds the amount of insurance proceeds or award, Manager shall give notice to SNH TRS and Owner setting forth in reasonable detail the nature of such deficiency, and SNH TRS and Owner shall promptly advise Manager whether SNH TRS and/or Owner will fund the deficiency. If neither SNH TRS nor Owner does not elect to fund the deficiency, Manager may terminate this Agreement by notice to SNH TRSOwner. Any obligation of SNH TRS and/or Owner to make funds available to Manager to repair or restore the Facility Community is subject to the requirements of any Mortgage. Notwithstanding any provisions of this Section 10.05 to the contrary, if partial destruction or a partial Condemnation occurs during the last twelve (12) months of the Term (including any renewal) and if full repair and restoration would not reasonably be expected to be completed prior to the date that is nine (9) months prior to the end of the Term (including any renewal), the provisions of this Section 10.05 shall apply as if the Facility Community had been rendered Unsuitable for Use.

Casualty or Condemnation. If, during the Term, the Licensed Facility is (a) totally destroyed by fire or other casualty or there is a Condemnation or (b) partially destroyed by fire or other casualty or there is a partial Condemnation and as a result the Licensed Facility is Unsuitable for Use, either Manager or SNH TRS Licensee may terminate this Agreement by sixty (60) days written notice to the other and SNH TRS Licensee and/or Owner Landlord shall be entitled to retain the insurance proceeds or Condemnation award, as the case may be. If, as a result of partial destruction or partial Condemnation, the Licensed Facility is not rendered Unsuitable for Use, SNH TRS Licensee shall (or shall cause the Owner Landlord to) make the insurance proceeds or award received by SNH TRS Licensee and/or Owner Landlord available to Manager as necessary to repair or restore the destroyed or untaken portion of the Licensed Facility to the same condition as existed previously, provided Manager shall have the right to discontinue operating all or a portion of the Licensed Facility pending completion of the repairs or restoration as necessary to comply with Legal Requirements or for the safe and orderly operation of the Licensed Facility. If the cost of repair or restoration is less than the insurance proceeds or award received by SNH TRS Licensee and/or OwnerLandlord, SNH TRS Licensee shall (or shall cause the Owner Landlord to) make available the funds necessary to permit the Licensed Facility or the untaken portion to be repaired and restored. If the cost of the repair or restoration exceeds the amount of insurance proceeds or award, Manager shall give notice to SNH TRS Licensee and Owner Landlord setting forth in reasonable detail the nature of such deficiency, and SNH TRS Licensee and Owner Landlord shall promptly advise Manager whether SNH TRS Licensee and/or Owner Landlord will fund the deficiency. If neither SNH TRS Licensee nor Owner Landlord elect to fund the deficiency, Manager may terminate this Agreement by notice to SNH TRSLicensee. Any obligation of SNH TRS Licensee and/or Owner Landlord to make funds available to Manager to repair or restore the Licensed Facility is subject to the requirements of any Mortgage. Notwithstanding any provisions of this Section 10.05 to the contrary, if partial destruction or a partial Condemnation occurs during the last twelve (12) months of the Term (including any renewal) and if full repair and restoration would not reasonably be expected to be completed prior to the date that is nine (9) months prior to the end of the Term (including any renewal), the provisions of this Section 10.05 shall apply as if the Licensed Facility had been rendered Unsuitable for Use.

Casualty or Condemnation. If, during the Term, the Facility is (a) totally destroyed by fire or other casualty or there is a Condemnation or (b) partially destroyed by fire or other casualty or there is a partial Condemnation and as a result the Facility is Unsuitable for Use, either Manager or SNH TRS may terminate this Agreement by sixty (60) days written notice to the other and SNH TRS and/or Owner shall be entitled to retain the insurance proceeds or Condemnation award, as the case may be. If, as a result of partial destruction or partial Condemnation, the Facility is not rendered Unsuitable for Use, SNH TRS shall (or shall cause the Owner to) make the insurance proceeds or award received by SNH TRS and/or Owner available to Manager as necessary to repair or restore the destroyed or untaken portion of the Facility to the same condition as existed previously, provided Manager shall have the right to discontinue operating all or a portion of the Facility pending completion of the repairs or restoration as necessary to comply with Legal Requirements or for the safe and orderly operation of the Facility. If the cost of repair or restoration is less than the insurance proceeds or award received by SNH TRS and/or Owner, SNH TRS shall (or shall cause the Owner to) make available the funds necessary to permit the Facility or the untaken portion to be repaired and restored. If the cost of the repair or restoration exceeds the amount of insurance proceeds or award, Manager shall give notice to SNH TRS and Owner setting forth in reasonable detail the nature of such deficiency, and SNH TRS and Owner shall promptly advise Manager whether SNH TRS and/or Owner will fund the deficiency. If neither SNH TRS nor Owner elect to fund the deficiency, Manager may terminate this Agreement by notice to SNH TRS. Any obligation of SNH TRS and/or Owner to make funds available to Manager to repair or restore the Facility is subject to the requirements of any Mortgage. Notwithstanding any provisions of this Section 10.05 to the contrary, if partial destruction or a partial Condemnation occurs during the last twelve (12) months of the Term (including any renewal) and if full repair and restoration would not reasonably be expected to be completed prior to the date that is nine (9) months prior to the end of the Term (including any renewal), the provisions of this Section 10.05 shall apply as if the Facility had been rendered Unsuitable for Use.

Casualty or Condemnation. If, during the Term, the Facility a Community is (a) totally destroyed by fire or other casualty or there is a Condemnation or (b) partially destroyed by fire or other casualty or there is a partial Condemnation and as a result the Facility applicable Community is Unsuitable for Use, either the Manager or SNH TRS the applicable Company may terminate this Agreement by sixty (60) days written days’ notice to the other and SNH TRS the applicable Company and/or the applicable Owner shall be entitled to retain the insurance proceeds or Condemnation award, as the case may be. If, as a result of partial destruction or partial Condemnation, the Facility applicable Community is not rendered Unsuitable for Use, SNH TRS shall (or shall cause the Owner to) make the insurance proceeds or award received by SNH TRS and/or Owner available to Manager as necessary to shall repair or restore the destroyed or untaken portion of the Facility that Community to the same condition as existed previouslypreviously using the insurance proceeds or award received by that Company and/or that Owner, provided the Manager shall have the right to discontinue operating all or a portion of the Facility that Community pending completion of the repairs or restoration as necessary to comply with Legal Requirements or for the safe and orderly operation of the Facility. If the cost of repair or restoration is less than the insurance proceeds or award received by SNH TRS and/or Owner, SNH TRS shall (or shall cause the Owner to) make available the funds necessary to permit the Facility or the untaken portion to be repaired and restoredthat Community. If the cost of the repair or restoration to the applicable Community exceeds the amount of insurance proceeds or award, Manager shall give notice to SNH TRS and instead of completing the repair or restoration, the applicable Company and/or the applicable Owner setting forth in reasonable detail the nature of such deficiency, and SNH TRS and Owner shall promptly advise Manager whether SNH TRS and/or Owner will fund the deficiency. If neither SNH TRS nor Owner may elect to fund the deficiency, Manager may terminate this Agreement with respect to that Community by notice to SNH TRSthe Manager. Any obligation of SNH TRS the applicable Company and/or the applicable Owner to make funds available to Manager to repair or restore the Facility applicable Community is subject to the requirements of any Mortgage. Notwithstanding any provisions of this Section 10.05 to the contrary, if partial destruction or a partial Condemnation occurs during the last twelve (12) months of the Term (including any renewal) at any applicable Community and if full repair and restoration would not reasonably be expected to be completed prior to the date that is nine (9) months prior to the end of the Term (including any renewal), the provisions of this Section 10.05 shall apply as if the Facility that Community had been rendered Unsuitable for Use.