from January 1, 2005 to January 1, 2006 and the first day of each succeeding LeaseYear, as applicable and (8) the following amounts for each calendar year.     Lease Year Base Rent2006 $1,542,940 2007 $1,589,228 2008 $1,636,905 2009 $1,686,012 2010 $1,736,592 Under no circumstances will the Base Rent decrease. Base Rent for any partial Lease Yearshall be pro-rated based on the number of days elapsed in such Lease Year. Base Rent shallcontinue to be paid in equal monthly installments.     (iii) For the period from and after March 1, 2010 thru the Term Expiration Date, themonthly sum of One Hundred Forty Four Thousand Seven Hundred Sixteen Dollars ($144,716).     “Term Expiration Date” means the earlier of (i) August 31, 2010, or (ii) thedate a new tenant identified and approved by Lessor is prepared and authorized to take overoperators as to all Facilities.     2. Article 8, Maintenance. Article 8 of the Existing Master Lease is hereby amendedby adding thereto the following new Section 8.5:     8.5 Maintenance and Repair During Extended Term. Lessee acknowledges andagrees that Lessee is obligated to maintain and repair the Facilities pursuant to the termsof the Existing Master Lease up thru and including February 28, 2010, at which time, but forthis amendment, Lessee would be obligated to surrender the Facilities to Lessor in thecondition required under Section 8.2 of the Existing Lease. Notwithstanding anything to thecontrary contained in this Lease, but subject to the maintenance and repair obligations ofLessee under the Existing Master Lease thru and including February 28, 2010, from and afterMarch 1, 2010, Lessee shall have no further responsibility for (i) the cost of any repair orreplacement of the roof, foundation, ceiling, floors, walls and other structural items ofthe Leased Properties, (ii) the cost of repairing or replacing any HVAC, electrical,sprinkler and fire suppression, plumbing and other mechanical components or utilityconnections, pipes and mains at the Facilities, (iii) the cost of repairing or replacing anydrives, sidewalks or parking areas, or (iv) the cost of installing or replacing anyimprovements or components at the Facilities to meet physical plant requirements for anyfederal, state or local permits, licenses and certifications necessary or required for theoperation of the Facility for its Primary Intended Use, provided in each case that suchrepairs or replacements are not attributable, in whole or in material part, to the failureof Lessee to perform its maintenance and repair obligations under the Existing Master Leasethru and February 28, 2010 as if the Lease expired as of such date. If any of the foregoingrepairs or replacements are required to be performed by any federal, state or localgovernmental entity and if a Facility will no longer be permitted under applicable law tooperate for its Primary Intended Use unless such repair
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or replacement is performed (a “Required Repair”), then, unless the need forsuch repair or replacement is attributable to the acts or omissions of Lessee, in which caseLessee shall complete such Required Repair at its own cost and expense, Lessee shallpromptly notify Lessor of such Required Repair. If Lessor elects in writing not to performsuch Required Repair, then Lessee may elect within thirty (30) days of such determination toterminate this Lease. If Lessor elects to perform such Required Repair, then Lessor shallpromptly undertake and diligently pursue the Required Repair, at its cost and expense.Without limiting the generality of the foregoing, Lessor acknowledges that Lessee hasreceived approval from the Florida Agency of Healthcare Administration of plans for theimprovement and extension of the fire sprinkler system at the Cedar Hills Healthcare Centerthat must be completed by December 31, 2010, in order for the system to be an approved firesprinkler system as required by applicable law. Lessor agrees that Lessee shall not beresponsible for commencing or performing, or the cost and expense of, the work necessary tocomplete such improvement and extension of the fire sprinkler system at the Cedar HillsHealthcare Center.     3. Section 22.1; Address for Notice. Section 22.1 of the Existing Master Lease ishereby amended and restated in its entirety as follows:     **22.1 Notices.**All notices, demands, requests, consents, approvals and othercommunications required or permitted to be made or given hereunder shall be in writing and(i) personally delivered or (ii) sent by facsimile transmission or by certified orregistered mail (postage prepaid), return receipt requested, or by a recognized nationalcourier service, addressed to the respective parties as follows:if to the Lessee:Senior Care Florida Leasing, LLC