AND ADVERSELY IMPAIR LANDLORD'S TITLE THERETO OR TO
ANY PORTION THEREOF, OR (II) 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 (I) 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
(II) 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
26
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 THE FACILITIES, TO THE
EXTENT TENANT IS A PARTICIPANT IN SUCH PROGRAMS WITH RESPECT TO SUCH PROPERTY,
OR ANY OTHER APPLICABLE PROGRAMS 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 PRIMARY
INTENDED 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 COMPLIANCE
WITH ALL APPLICABLE LAWS. DURING THE TERM AND ANY OTHER TIME THAT TENANT SHALL
BE IN POSSESSION OF ANY PROPERTY, TENANT SHALL MAINTAIN (OR SHALL CAUSE TO BE
MAINTAINED) SUCH PROPERTY AT ALL TIMES FREE OF ANY HAZARDOUS SUBSTANCE (EXCEPT
IN COMPLIANCE WITH ALL APPLICABLE LAWS). TENANT SHALL PROMPTLY:
(A) UPON
RECEIPT OF NOTICE OR KNOWLEDGE, NOTIFY LANDLORD IN WRITING OF ANY MATERIAL
CHANGE IN THE NATURE OR EXTENT OF HAZARDOUS SUBSTANCES AT ANY PROPERTY,
(B) TRANSMIT TO LANDLORD A COPY OF ANY REPORT WHICH IS REQUIRED TO BE FILED BY
TENANT OR ANY MANAGER WITH RESPECT TO ANY PROPERTY PURSUANT TO SARA TITLE III OR
ANY OTHER APPLICABLE LAW, (C) TRANSMIT TO LANDLORD COPIES OF ANY CITATIONS,
ORDERS, NOTICES OR OTHER GOVERNMENTAL COMMUNICATIONS RECEIVED BY TENANT OR ANY
MANAGER OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES WITH RESPECT THERETO
(COLLECTIVELY, "ENVIRONMENTAL NOTICE"), WHICH ENVIRONMENTAL NOTICE REQUIRES A
WRITTEN RESPONSE OR ANY ACTION TO BE TAKEN AND/OR IF SUCH ENVIRONMENTAL NOTICE
GIVES NOTICE OF AND/OR PRESENTS A MATERIAL RISK OF ANY MATERIAL VIOLATION OF ANY
APPLICABLE LAW AND/OR PRESENTS A MATERIAL RISK