TO
ANY ABATEMENT, REDUCTION, SUSPENSION OR DEFERMENT OF THE RENT OR OTHER SUMS
PAYABLE OR OTHER OBLIGATIONS TO BE PERFORMED BY TENANT HEREUNDER. THE
OBLIGATIONS OF TENANT HEREUNDER SHALL BE SEPARATE AND INDEPENDENT COVENANTS AND
AGREEMENTS, AND THE RENT AND ALL OTHER SUMS PAYABLE BY TENANT HEREUNDER SHALL
CONTINUE TO BE PAYABLE IN ALL EVENTS UNLESS THE OBLIGATIONS TO PAY THE SAME
SHALL BE TERMINATED PURSUANT TO THE EXPRESS PROVISIONS OF THIS AGREEMENT.
3.5
PRORATIONS, ETC. IT IS UNDERSTOOD AND AGREED
THAT (I) ALL ITEMS OF REVENUE, COST AND EXPENSE, RIGHTS, REMEDIES, CLAIMS,
LOSSES, DAMAGES, LIABILITIES AND OBLIGATIONS WITH RESPECT TO THE PERIOD PRIOR TO
THE COMMENCEMENT DATE SHALL BE FOR THE ACCOUNT OF LANDLORD, (II) LANDLORD SHALL
RETAIN ITS RIGHT, TITLE AND INTEREST IN AND TO ALL UNPAID ACCOUNTS RECEIVABLE
WITH RESPECT TO EACH FACILITY WHICH RELATE TO THE PERIOD PRIOR TO THE
COMMENCEMENT DATE, AND TENANT SHALL PROMPTLY TURN OVER ANY SUCH AMOUNTS
COLLECTED OR RECEIVED BY TENANT ON ACCOUNT THEREOF, AND (III) IN THE EVENT THAT
TENANT SHALL ASSUME ANY LIABILITY FOR ANY PERIOD PRIOR TO THE COMMENCEMENT DATE
IN CONNECTION WITH ITS PARTICIPATION IN ANY THIRD PARTY PAYOR PROGRAM, LANDLORD
SHALL INDEMNIFY AND HOLD TENANT HARMLESS FROM ANY SUCH LIABILITY ONLY TO THE
EXTENT THE SAME RELATES TO THE PERIOD COMMENCING ON OCTOBER 26, 2004 AND ENDING
ON THE COMMENCEMENT DATE.
ARTICLE 4
USE OF THE LEASED PROPERTY
4.1
PERMITTED USE.
4.1.1
PERMITTED USE.
(A)
TENANT SHALL, AT ALL TIMES DURING THE TERM,
AND AT ANY OTHER TIME THAT TENANT SHALL BE IN POSSESSION OF ANY PROPERTY,
CONTINUOUSLY USE AND OPERATE, OR CAUSE TO BE USED AND OPERATED, SUCH PROPERTY AS
A REHABILITATION HOSPITAL, CLINIC OR PROFESSIONAL LEVEL HEALTH OR MEDICAL
SERVICES FACILITY, AND ANY USES NECESSARY OR INCIDENTAL THERETO, SUBJECT TO AND
IN ACCORDANCE WITH ALL APPLICABLE LEGAL REQUIREMENTS. TENANT SHALL NOT USE (AND
SHALL NOT PERMIT
24
ANY PERSON TO USE) ANY PROPERTY, OR ANY PORTION THEREOF, FOR ANY OTHER USE
WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, DELAYED OR CONDITIONED. NO USE SHALL BE MADE OR PERMITTED
TO BE MADE OF ANY PROPERTY AND NO ACTS SHALL BE DONE THEREON WHICH WILL CAUSE
THE CANCELLATION OF ANY INSURANCE POLICY COVERING SUCH PROPERTY OR ANY
PART THEREOF (UNLESS ANOTHER ADEQUATE POLICY IS AVAILABLE), NOR SHALL TENANT
SELL OR OTHERWISE PROVIDE TO PATIENTS THEREIN, OR PERMIT TO BE KEPT, USED OR
SOLD IN OR ABOUT ANY PROPERTY ANY ARTICLE WHICH MAY BE PROHIBITED BY LAW OR BY
THE STANDARD FORM OF FIRE INSURANCE POLICIES, OR ANY OTHER INSURANCE POLICIES
REQUIRED TO BE CARRIED HEREUNDER, OR FIRE UNDERWRITER'S REGULATIONS. TENANT
SHALL, AT ITS SOLE COST (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5.1.2(B)),
COMPLY OR CAUSE TO BE COMPLIED WITH ALL INSURANCE REQUIREMENTS. TENANT SHALL NOT
TAKE OR OMIT TO TAKE, OR PERMIT TO BE TAKEN OR OMITTED TO BE TAKEN, ANY ACTION,
THE TAKING OR OMISSION OF WHICH MATERIALLY IMPAIRS THE VALUE OR THE USEFULNESS
OF ANY PROPERTY