FINANCIALS OR ANY OTHER AUDITED OR UNAUDITED FINANCIAL REPORTING INFORMATION
REQUIRED TO BE FILED BY LANDLORD WITH ANY SECURITIES AND EXCHANGE COMMISSION,
THE SEC OR ANY SUCCESSOR AGENCY, OR ANY OTHER GOVERNMENTAL AUTHORITY, OR
REQUIRED PURSUANT TO ANY ORDER ISSUED BY ANY COURT, GOVERNMENTAL AUTHORITY OR
ARBITRATOR IN ANY LITIGATION TO WHICH LANDLORD IS A PARTY, FOR PURPOSES OF
COMPLIANCE THEREWITH;
(E)
PROMPTLY, AFTER RECEIPT OR SENDING THEREOF,
COPIES OF ALL NOTICES GIVEN OR RECEIVED BY TENANT UNDER ANY MANAGEMENT
AGREEMENT; AND
(F)
PROMPTLY, UPON NOTICE FROM LANDLORD, SUCH
OTHER INFORMATION CONCERNING THE BUSINESS, FINANCIAL CONDITION AND AFFAIRS OF
TENANT OR ANY GUARANTOR AS LANDLORD REASONABLY MAY REQUEST FROM TIME TO TIME.
Landlord may at any time, and from time to time, provide any Facility Mortgagee
with copies of any of the foregoing statements, subject to Landlord obtaining
the agreement of such Facility Mortgagee to maintain such statements and the
information therein as confidential.
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17.3
REIMBURSEMENT, LICENSURE, ETC. TENANT COVENANTS AND
AGREES TO FURNISH TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER RECEIPT OR
MODIFICATION THEREOF, COPIES OF:
(A)
ALL LICENSES AUTHORIZING TENANT OR ANY
MANAGER TO OPERATE ANY FACILITY FOR ITS PRIMARY INTENDED USE;
(B)
ALL MEDICARE AND MEDICAID CERTIFICATIONS,
TOGETHER WITH PROVIDER AGREEMENTS AND ALL MATERIAL CORRESPONDENCE RELATING
THERETO WITH RESPECT TO EACH FACILITY (EXCLUDING, HOWEVER, CORRESPONDENCE WHICH
MAY BE SUBJECT TO ANY ATTORNEY CLIENT PRIVILEGE);
(C)
IF REQUIRED UNDER APPLICABLE LAW WITH
RESPECT TO ANY FACILITY, A LICENSE FOR EACH INDIVIDUAL EMPLOYED AS ADMINISTRATOR
WITH RESPECT TO SUCH FACILITY;
(D)
ALL REPORTS OF SURVEYS, STATEMENTS OF
DEFICIENCIES, PLANS OF CORRECTION, AND ALL MATERIAL CORRESPONDENCE RELATING
THERETO, INCLUDING, WITHOUT LIMITATION, ALL REPORTS AND MATERIAL CORRESPONDENCE
CONCERNING COMPLIANCE WITH OR ENFORCEMENT OF LICENSURE, MEDICARE/MEDICAID, AND
ACCREDITATION REQUIREMENTS, INCLUDING PHYSICAL ENVIRONMENT AND LIFE SAFETY CODE
SURVEY REPORTS (EXCLUDING, HOWEVER, CORRESPONDENCE WHICH MAY BE SUBJECT TO ANY
ATTORNEY CLIENT PRIVILEGE); AND
(E)
WITH REASONABLE PROMPTNESS, SUCH OTHER
CONFIRMATION AS TO THE LICENSURE AND MEDICARE AND MEDICAID PARTICIPATION OF
TENANT AS LANDLORD MAY REASONABLY REQUEST FROM TIME TO TIME.
17.3.2
MONTHLY REPORTS. TENANT SHALL PREPARE AND FURNISH TO
LANDLORD FOR EACH PROPERTY, WITHIN THIRTY (30) DAYS AFTER THE END OF EACH
CALENDAR MONTH DURING THE TERM OF THIS AGREEMENT, A MONTHLY REPORT, SUCH REPORT
TO INCLUDE (I) A BALANCE SHEET AND A CURRENT MONTH AND YEAR TO DATE INCOME
STATEMENT, SHOWING EACH ITEM OF ACTUAL AND PROJECTED INCOME AND EXPENSE,
REFLECTING THE OPERATING RESULTS OF THE FACILITY LOCATED AT SUCH PROPERTY, IN
EACH CASE PREPARED IN ACCORDANCE WITH GAAP, (II) A STATEMENT OF CAPITAL
EXPENDITURES PREPARED ON A FACILITY BY FACILITY BASIS AND ON A COMBINED BASIS,
(III) OCCUPANCY PERCENTAGES, PAYOR MIX AND AVERAGE RATE ON A FACILITY BY
FACILITY BASIS AND ON A COMBINED BASIS, AND (IV) SUCH ADDITIONAL INFORMATION AS
LANDLORD MAY FROM TIME TO TIME REASONABLY REQUIRE. EACH MONTHLY REPORT SHALL BE
ACCOMPANIED BY A FINANCIAL OFFICER'S CERTIFICATE.
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ARTICLE 18
LANDLORD'S RIGHT TO INSPECT
Tenant shall permit Landlord and its authorized representatives to inspect the
Leased