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
WITH THE TERMS AND CONDITIONS OF ANY GROUND LEASE AFFECTING ANY PROPERTY, (II)
PERFORM (OR CAUSE TO BE PERFORMED) IN A TIMELY FASHION ALL OF LANDLORD'S
OBLIGATIONS UNDER ANY GROUND LEASE AFFECTING ANY PROPERTY AND (III) 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 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 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
35
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 OF ANY
MATERIAL COST, EXPENSE, LOSS OR DAMAGE (AN "ENVIRONMENTAL OBLIGATION"), (D)
OBSERVE AND COMPLY WITH (OR CAUSE TO