OR DISCHARGED IN WHOLE OR IN PART EXCEPT BY AN INSTRUMENT IN WRITING
SIGNED BY EACH OF THE PARTIES HERETO, OR BY THEIR RESPECTIVE SUCCESSORS OR
ASSIGNS, OR OTHERWISE AS PROVIDED HEREIN.
24.
SUCCESSORS AND ASSIGNS. THIS AGREEMENT SHALL BE BINDING UPON ANY
SUCCESSORS OR PERMITTED ASSIGNS OF THE PARTIES HERETO AS PROVIDED HEREIN.
25.
GOVERNING LAW. THE PROVISIONS OF THIS AGREEMENT SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
MASSACHUSETTS.
26.
CAPTIONS. THE CAPTIONS INCLUDED HEREIN HAVE BEEN INSERTED FOR EASE
OF REFERENCE ONLY AND SHALL NOT BE CONSTRUED TO AFFECT THE MEANING, CONSTRUCTION
OR EFFECT OF THIS AGREEMENT.
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27.
ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT
OF THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES
AND CANCELS ANY PRE-EXISTING AGREEMENTS WITH RESPECT TO ITS SUBJECT MATTER.
28.
ATTORNEYS' FEES. IF ANY LEGAL ACTION IS BROUGHT FOR THE
ENFORCEMENT OF THIS AGREEMENT, OR BECAUSE OF AN ALLEGED DISPUTE, BREACH, DEFAULT
OR MISREPRESENTATION IN CONNECTION WITH ANY OF THE PROVISIONS OF THIS AGREEMENT,
THE SUCCESSFUL OR PREVAILING PARTY OR PARTIES SHALL BE ENTITLED TO RECOVER
REASONABLE ATTORNEYS' FEES AND OTHER COSTS INCURRED IN THAT ACTION IN ADDITION
TO ANY OTHER RELIEF TO WHICH IT OR THEY MAY BE ENTITLED.
29.
SURVIVAL. THE PROVISIONS OF SECTIONS 13, 14, 18, 20, 21, 22 AND 28
OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION HEREOF.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as an instrument under seal by their duly authorized officers, as of the day and
year first above written.
SENIOR HOUSING PROPERTIES TRUST
By:
/s/ David J. Hegarty
Name: David J. Hegarty
Title: President
REIT MANAGEMENT & RESEARCH LLC
By:
/s/ Jennifer B. Clark
Name: Jennifer B. Clark
Title: Vice President
SOLELY AS TO SECTION 14 HEREOF:
/s/ Barry M. Portnoy
Barry M. Portnoy
/s/ Gerard M. Martin
Gerard M. Martin
/s/ Adam D. Portnoy
Adam D. Portnoy
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