LANDLORD, (II) LANDLORD SHALL RETAIN ITS RIGHT,
TITLE AND INTEREST IN AND TO ALL UNPAID ACCOUNTS RECEIVABLE WITH RESPECT TO EACH
FACILITY WHICH RELATE TO THE PERIOD PRIOR TO THE COMMENCEMENT DATE, AND TENANT
SHALL PROMPTLY TURN OVER ANY SUCH AMOUNTS COLLECTED OR RECEIVED BY TENANT ON
ACCOUNT THEREOF, AND (III) IN THE EVENT THAT TENANT SHALL ASSUME
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ANY LIABILITY FOR ANY PERIOD PRIOR TO THE COMMENCEMENT DATE IN CONNECTION WITH
ITS PARTICIPATION IN ANY THIRD PARTY PAYOR PROGRAM, LANDLORD SHALL INDEMNIFY AND
HOLD TENANT HARMLESS FROM ANY SUCH LIABILITY ONLY TO THE EXTENT THE SAME RELATES
TO THE PERIOD COMMENCING ON OCTOBER 26, 2004 AND ENDING ON THE COMMENCEMENT
DATE.
ARTICLE 4
USE OF THE LEASED PROPERTY
4.1
PERMITTED USE.
4.1.1
PERMITTED USE.
(A)
TENANT SHALL, AT ALL TIMES DURING THE TERM, AND AT ANY OTHER TIME
THAT TENANT SHALL BE IN POSSESSION OF ANY PROPERTY, CONTINUOUSLY USE AND
OPERATE, OR CAUSE TO BE USED AND OPERATED, SUCH PROPERTY AS A REHABILITATION
HOSPITAL, CLINIC OR PROFESSIONAL LEVEL HEALTH OR MEDICAL SERVICES FACILITY, AND
ANY USES NECESSARY OR INCIDENTAL THERETO, SUBJECT TO AND IN ACCORDANCE WITH ALL
APPLICABLE LEGAL REQUIREMENTS.
TENANT SHALL NOT USE (AND SHALL NOT PERMIT ANY
PERSON TO USE) ANY PROPERTY, OR ANY PORTION THEREOF, FOR ANY OTHER USE WITHOUT
THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, DELAYED OR CONDITIONED.
NO USE SHALL BE MADE OR PERMITTED TO BE MADE
OF ANY PROPERTY AND NO ACTS SHALL BE DONE THEREON WHICH WILL CAUSE THE
CANCELLATION OF ANY INSURANCE POLICY COVERING SUCH PROPERTY OR ANY PART THEREOF
(UNLESS ANOTHER ADEQUATE POLICY IS AVAILABLE), NOR SHALL TENANT SELL OR
OTHERWISE PROVIDE TO PATIENTS THEREIN, OR PERMIT TO BE KEPT, USED OR SOLD IN OR
ABOUT ANY PROPERTY ANY ARTICLE WHICH MAY BE PROHIBITED BY LAW OR BY THE STANDARD
FORM OF FIRE INSURANCE POLICIES, OR ANY OTHER INSURANCE POLICIES REQUIRED TO BE
CARRIED HEREUNDER, OR FIRE UNDERWRITER'S REGULATIONS.
TENANT SHALL, AT ITS SOLE
COST (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5.1.2(B)), COMPLY OR CAUSE TO BE
COMPLIED WITH ALL INSURANCE REQUIREMENTS.
TENANT SHALL NOT TAKE OR OMIT TO
TAKE, OR PERMIT TO BE TAKEN OR OMITTED TO BE TAKEN, ANY ACTION, THE TAKING OR
OMISSION OF WHICH MATERIALLY IMPAIRS THE VALUE OR THE USEFULNESS OF ANY PROPERTY
OR ANY PART THEREOF FOR ITS PERMITTED USE.
(B)
IN THE EVENT THAT, IN THE REASONABLE DETERMINATION OF TENANT, IT
SHALL NO LONGER BE ECONOMICALLY PRACTICAL TO OPERATE ANY PROPERTY AS CURRENTLY
OPERATED,
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TENANT SHALL GIVE LANDLORD NOTICE THEREOF, WHICH NOTICE SHALL SET FORTH IN
REASONABLE DETAIL THE REASONS THEREFOR.
THEREAFTER, LANDLORD AND TENANT SHALL
NEGOTIATE IN GOOD FAITH TO AGREE ON AN ALTERNATIVE USE FOR SUCH PROPERTY;
PROVIDED, HOWEVER, IN NO EVENT SHALL THE MINIMUM RENT BE REDUCED OR ABATED AS A
RESULT THEREOF.
IF LANDLORD AND TENANT FAIL TO AGREE ON AN ALTERNATIVE USE FOR
SUCH PROPERTY WITHIN SIXTY (60) DAYS AFTER COMMENCING NEGOTIATIONS AS AFORESAID,
TENANT MAY MARKET SUCH