ALL APPROVALS NECESSARY TO USE AND
OPERATE, FOR ITS PERMITTED USE, EACH PROPERTY AND THE FACILITY LOCATED THEREON
UNDER APPLICABLE LAW AND, WITHOUT LIMITING THE FOREGOING, SHALL EXERCISE
REASONABLE EFFORTS TO MAINTAIN (OR CAUSE TO BE MAINTAINED) APPROPRIATE
CERTIFICATIONS FOR REIMBURSEMENT AND LICENSURE.
4.1.3
LAWFUL USE, ETC.
TENANT SHALL NOT, AND
SHALL NOT PERMIT ANY PERSON TO USE OR SUFFER OR PERMIT THE USE OF ANY PROPERTY
OR TENANT'S PERSONAL PROPERTY, IF ANY, FOR ANY UNLAWFUL PURPOSE.
TENANT SHALL
NOT, AND SHALL NOT PERMIT ANY PERSON TO, COMMIT OR SUFFER TO BE COMMITTED ANY
WASTE ON ANY PROPERTY, OR IN ANY FACILITY, NOR SHALL TENANT CAUSE OR PERMIT ANY
UNLAWFUL NUISANCE THEREON OR THEREIN.
TENANT SHALL NOT, AND SHALL NOT PERMIT
ANY PERSON TO, SUFFER NOR PERMIT ANY PROPERTY, OR ANY PORTION THEREOF, TO BE
USED IN SUCH A MANNER AS (A) MAY MATERIALLY AND ADVERSELY IMPAIR LANDLORD'S
TITLE THERETO OR TO ANY PORTION THEREOF, OR (B) MAY REASONABLY ALLOW A CLAIM OR
CLAIMS FOR ADVERSE USAGE OR ADVERSE POSSESSION BY THE PUBLIC, AS SUCH, OR OF
IMPLIED DEDICATION OF SUCH PROPERTY, OR ANY PORTION THEREOF.
4.2
COMPLIANCE WITH LEGAL/INSURANCE REQUIREMENTS,
ETC.
SUBJECT TO THE PROVISIONS OF SECTION 5.1.2(B) AND ARTICLE 8, TENANT, AT
ITS SOLE EXPENSE, SHALL (A) COMPLY WITH (OR CAUSE TO BE COMPLIED WITH) ALL
MATERIAL LEGAL REQUIREMENTS AND INSURANCE REQUIREMENTS IN RESPECT OF THE USE,
OPERATION, MAINTENANCE, REPAIR, ALTERATION AND RESTORATION OF ANY PROPERTY AND
WITH THE TERMS AND CONDITIONS OF ANY GROUND LEASE AFFECTING ANY PROPERTY,
(B) PERFORM (OR CAUSE TO BE PERFORMED) IN A TIMELY FASHION ALL OF LANDLORD'S
OBLIGATIONS UNDER ANY GROUND LEASE AFFECTING ANY PROPERTY AND (C) PROCURE,
MAINTAIN AND COMPLY WITH (OR CAUSE TO BE PROCURED, MAINTAINED AND COMPLIED WITH)
ALL MATERIAL LICENSES, CERTIFICATES OF NEED, PERMITS, PROVIDER AGREEMENTS AND
OTHER AUTHORIZATIONS AND AGREEMENTS REQUIRED FOR ANY USE OF ANY PROPERTY AND
TENANT'S PERSONAL PROPERTY, IF ANY, THEN BEING MADE, AND FOR THE PROPER
ERECTION, INSTALLATION, OPERATION AND MAINTENANCE OF THE LEASED PROPERTY OR ANY
PART THEREOF.
4.3
COMPLIANCE WITH MEDICAID AND MEDICARE
REQUIREMENTS.
TENANT, AT ITS SOLE COST AND EXPENSE, SHALL MAKE (OR SHALL CAUSE
TO BE MADE), WHATEVER IMPROVEMENTS (CAPITAL OR ORDINARY) AS ARE REQUIRED TO
CONFORM EACH PROPERTY TO SUCH STANDARDS AS MAY, FROM TIME TO TIME, BE REQUIRED
BY FEDERAL MEDICARE (TITLE 18) OR MEDICAID (TITLE 19) FOR SKILLED AND/OR
INTERMEDIATE CARE NURSING PROGRAMS, TO THE EXTENT TENANT IS A PARTICIPANT IN
SUCH PROGRAMS WITH RESPECT TO SUCH PROPERTY, OR ANY OTHER APPLICABLE PROGRAMS
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OR LEGISLATION, OR CAPITAL IMPROVEMENTS REQUIRED BY ANY OTHER GOVERNMENTAL
AGENCY HAVING JURISDICTION OVER ANY PROPERTY AS A CONDITION OF THE CONTINUED
OPERATION OF SUCH PROPERTY FOR ITS PERMITTED USE.
4.4
ENVIRONMENTAL MATTERS.
4.4.1
RESTRICTION ON USE, ETC.
DURING THE TERM
AND ANY OTHER TIME THAT TENANT SHALL BE IN POSSESSION OF ANY PROPERTY, TENANT
SHALL NOT, AND SHALL NOT PERMIT ANY PERSON TO, STORE, SPILL UPON, DISPOSE OF OR
TRANSFER TO OR FROM SUCH PROPERTY ANY HAZARDOUS SUBSTANCE, EXCEPT IN