RENT
MAY BE ALLOCATED AND REALLOCATED AMONG THE PROPERTIES COMPRISING THE LEASED
PROPERTY BY AGREEMENT AMONG LANDLORD AND TENANT; PROVIDED, HOWEVER THAT IN NO
EVENT SHALL THE MINIMUM RENT ALLOCATED TO ANY PROPERTY BE LESS THAN THE MONTHLY
AMOUNT PAYABLE BY LANDLORD ON ACCOUNT OF ANY FACILITY MORTGAGE AND/OR GROUND OR
MASTER LEASE WITH RESPECT TO SUCH PROPERTY NOR SHALL THE AGGREGATE AMOUNT OF
MINIMUM RENT ALLOCATED AMONG THE PROPERTIES EXCEED THE TOTAL AMOUNT PAYABLE FOR
THE LEASED PROPERTY.
(C)
ADJUSTMENTS OF MINIMUM RENT FOLLOWING
DISBURSEMENTS UNDER SECTIONS 5.1.2(B), 10.2.3 AND 11.2.
EFFECTIVE ON THE DATE
OF EACH DISBURSEMENT TO PAY FOR THE COST OF ANY REPAIRS, MAINTENANCE,
RENOVATIONS OR REPLACEMENTS PURSUANT TO SECTIONS 5.1.2(B), 10.2.3 OR 11.2, THE
ANNUAL MINIMUM RENT SHALL BE INCREASED BY A PER ANNUM AMOUNT EQUAL TO THE
DISBURSEMENT RATE TIMES THE AMOUNT SO DISBURSED.
IF ANY SUCH DISBURSEMENT IS
MADE DURING ANY CALENDAR MONTH ON A DAY OTHER THAN THE FIRST BUSINESS DAY OF
SUCH CALENDAR MONTH, TENANT SHALL PAY TO LANDLORD ON THE FIRST BUSINESS DAY OF
THE IMMEDIATELY FOLLOWING CALENDAR MONTH (IN ADDITION TO THE AMOUNT OF MINIMUM
RENT PAYABLE
25
WITH RESPECT TO SUCH CALENDAR MONTH, AS ADJUSTED PURSUANT TO THIS PARAGRAPH (C))
THE AMOUNT BY WHICH MINIMUM RENT FOR THE PRECEDING CALENDAR MONTH, AS ADJUSTED
FOR SUCH DISBURSEMENT ON A PER DIEM BASIS, EXCEEDED THE AMOUNT OF MINIMUM RENT
PAID BY TENANT FOR SUCH PRECEDING CALENDAR MONTH.
(D)
ALLOWANCE.
PROVIDED THAT NO EVENT OF
DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING HEREUNDER AND TENANT SHALL
OTHERWISE COMPLY WITH THE APPLICABLE PROVISIONS OF ARTICLE 6, LANDLORD AGREES TO
PROVIDE TENANT WITH AN ALLOWANCE OF UP TO $200,000 (THE "ALLOWANCE") TO PAY FOR
CAPITAL REPAIRS AND IMPROVEMENTS TO THE BEVERLY MANOR PROPERTY.
TENANT SHALL
PROVIDE LANDLORD WITH APPROPRIATE INVOICES AND SUCH OTHER DOCUMENTATION AND
INFORMATION AS LANDLORD SHALL REASONABLY REQUEST EACH TIME TENANT REQUESTS A
DISBURSEMENT OF ALL OR ANY PORTION OF THE ALLOWANCE.
THERE SHALL BE NO
ADJUSTMENT OF MINIMUM RENT IN CONNECTION WITH ANY SUCH DISBURSEMENT OF THE
ALLOWANCE TO TENANT.
IF TENANT INCURS ANY AMOUNTS IN EXCESS OF $200,000 IN
CONNECTION WITH ANY CAPITAL REPAIRS OR IMPROVEMENTS TO THE ADDITIONAL PROPERTY,
TENANT SHALL PAY FOR ALL SUCH AMOUNTS IN EXCESS OF $200,000 AT TENANT'S SOLE
COST AND EXPENSE; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS PARAGRAPH
SHALL IMPAIR OR OTHERWISE LIMIT TENANT'S RIGHT TO REQUIRE LANDLORD TO DISBURSE
SUCH AMOUNTS SUBJECT TO AN ADJUSTMENT IN MINIMUM RENT IN ACCORDANCE WITH THE
TERMS HEREOF.
(E)
ADJUSTMENTS OF MINIMUM RENT FOLLOWING
PARTIAL LEASE TERMINATION.
SUBJECT TO SECTION 4.1.1(B), IF THIS AGREEMENT SHALL
TERMINATE WITH RESPECT TO ANY PROPERTY BUT LESS THAN ALL OF THE LEASED PROPERTY,
MINIMUM RENT SHALL BE REDUCED BY THE AFFECTED PROPERTY'S ALLOCABLE SHARE OF
MINIMUM RENT DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS
AGREEMENT.
3.1.2
ADDITIONAL RENT.
(A)
AMOUNT.
TENANT SHALL PAY ADDITIONAL RENT
("ADDITIONAL RENT") WITH RESPECT TO EACH LEASE YEAR DURING THE TERM SUBSEQUENT
TO THE BASE YEAR IN AN AMOUNT, NOT