PAYMENT AND PERFORMANCE OF TENANT'S OBLIGATIONS TO
LANDLORD UNDER THIS AGREEMENT.
1.79
"SUBSIDIARY"
SHALL MEAN, WITH RESPECT TO ANY PERSON, ANY ENTITY (A)
IN WHICH SUCH PERSON OWNS DIRECTLY, OR INDIRECTLY
13
THROUGH ONE OR MORE SUBSIDIARIES, TWENTY PERCENT (20%) OR MORE OF THE VOTING OR
BENEFICIAL INTEREST OR (B) WHICH SUCH PERSON OTHERWISE HAS THE RIGHT OR POWER TO
CONTROL (WHETHER BY CONTRACT, THROUGH OWNERSHIP OF SECURITIES OR OTHERWISE).
1.80
"SUCCESSOR LANDLORD"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 20.2.
1.81
"TENANT"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN THE PREAMBLES TO
THIS AGREEMENT AND SHALL ALSO INCLUDE THEIR RESPECTIVE PERMITTED SUCCESSORS AND
ASSIGNS, AND, IN EACH CASE, SHALL REFER TO EACH SUCH ENTITY COMPRISING TENANT
HEREUNDER, WHETHER THE ORIGINAL ENTITIES NAMED HEREIN OR ANY OF THEIR SUCCESSORS
OR ASSIGNS, JOINTLY AND SEVERALLY WITH EACH AND EVERY OTHER ENTITY OR ENTITIES
THEN COMPRISING TENANT HEREUNDER.
1.82
"TENANT'S PERSONAL PROPERTY"
SHALL MEAN ALL MOTOR VEHICLES AND
CONSUMABLE INVENTORY AND SUPPLIES, FURNITURE, FURNISHINGS, EQUIPMENT, MOVABLE
WALLS AND PARTITIONS, EQUIPMENT AND MACHINERY AND ALL OTHER TANGIBLE PERSONAL
PROPERTY OF TENANT AND TENANT'S RECEIVABLES, IF ANY, ACQUIRED BY TENANT ON AND
AFTER THE DATE HEREOF AND LOCATED AT THE LEASED PROPERTY OR USED IN TENANT'S
BUSINESS AT THE LEASED PROPERTY AND ALL MODIFICATIONS, REPLACEMENTS, ALTERATIONS
AND ADDITIONS TO SUCH PERSONAL PROPERTY INSTALLED AT THE EXPENSE OF TENANT,
OTHER THAN ANY ITEMS INCLUDED WITHIN THE DEFINITION OF FIXTURES.
1.83
"TERM"
SHALL MEAN, COLLECTIVELY, THE FIXED TERM AND THE EXTENDED
TERM, TO THE EXTENT PROPERLY EXERCISED PURSUANT TO THE PROVISIONS OF SECTION
2.4, UNLESS SOONER TERMINATED PURSUANT TO THE PROVISIONS OF THIS AGREEMENT.
1.84
"THIRD PARTY PAYOR PROGRAMS"
SHALL MEAN ALL THIRD PARTY PAYOR
PROGRAMS IN WHICH TENANT PRESENTLY OR IN THE FUTURE MAY PARTICIPATE, INCLUDING,
WITHOUT LIMITATION, MEDICARE, MEDICAID, CHAMPUS, BLUE CROSS AND/OR BLUE SHIELD,
MANAGED CARE PLANS, OTHER PRIVATE INSURANCE PROGRAMS AND EMPLOYEE ASSISTANCE
PROGRAMS.
1.85
"THIRD PARTY PAYORS"
SHALL MEAN MEDICARE, MEDICAID, CHAMPUS, BLUE
CROSS AND/OR BLUE SHIELD, PRIVATE INSURERS AND ANY OTHER PERSON WHICH PRESENTLY
OR IN THE FUTURE MAINTAINS THIRD PARTY PAYOR PROGRAMS.
1.86
"UNSUITABLE FOR ITS PERMITTED USE"
SHALL MEAN, WITH RESPECT TO ANY
FACILITY, A STATE OR CONDITION OF SUCH FACILITY SUCH THAT (A) FOLLOWING ANY
DAMAGE OR DESTRUCTION INVOLVING A FACILITY, (I) SUCH FACILITY CANNOT BE OPERATED
ON A COMMERCIALLY PRACTICABLE BASIS FOR ITS PERMITTED USE AND IT CANNOT
REASONABLY
14
BE EXPECTED TO BE RESTORED TO SUBSTANTIALLY THE SAME CONDITION AS EXISTED
IMMEDIATELY BEFORE SUCH DAMAGE OR DESTRUCTION, AND AS OTHERWISE REQUIRED BY
SECTION 10.2.4, WITHIN TWELVE (12) MONTHS FOLLOWING SUCH DAMAGE OR DESTRUCTION
OR SUCH LONGER PERIOD OF TIME AS TO WHICH BUSINESS INTERRUPTION INSURANCE IS
AVAILABLE TO COVER RENT AND OTHER COSTS RELATED TO THE APPLICABLE PROPERTY
FOLLOWING SUCH DAMAGE OR DESTRUCTION, (II) THE DAMAGE OR DESTRUCTION, IF
UNINSURED, EXCEEDS $1,000,000 OR (III) THE COST OF SUCH RESTORATION EXCEEDS TEN
PERCENT (10%) OF THE FAIR MARKET VALUE OF SUCH PROPERTY IMMEDIATELY PRIOR TO
SUCH DAMAGE OR DESTRUCTION, OR (B)