|
ATTACHMENT A
<br /> (i) to provide Lessor with Project annual audited financial statements, copies
<br />of the current management plan. and the annual operating budget. Lessee shall also notif.v
<br />Lessor of any fines, citations, or other disciplinary, actions brought against lessee by any
<br />government entity charged with enforcing state or federal laws related to licensing of Assisted
<br />Living facilities. In the event any payments due to Lessor as part of this Lease and Loan
<br />Documents are not paid in full, the Lessee shall meet with Lessor to review alternatives to
<br />facilitate full payment.
<br />
<br /> (a) Payment hy 1 e~ee Lessee covenants and agrees during the entire Lease
<br />Term, at its own cost and expense, to pay the public officers charged with their collection, as the
<br />same become due and payable and before any fine, penalty, interest, or other charge may be
<br />added to them for nonpayment, all real estate taxes, general and special, ordinary and
<br />extraordinary, unforeseen as well as foreseen, of any kind and nature, made, assessed, levied or
<br />imposed upon, or due and payable in connection with, or which become a lien upon, the Land,
<br />the Improvements, or any part of the Land or Improvements, or upon this Lease, as well as
<br />assessments for sidewalks, streets, sewers, water, or any other public improvements and any
<br />other improvements or benefits which shall, during the Lease Term, be made, assessed, levied, or
<br />imposed upon or become due and payable in connection with, or a lien upon the Land, the
<br />Improvements, or any part of the Land or Improvements, or upon this Lease.
<br />
<br /> (b) ! e~ee'q Right tn Ccmte~t. If Lessee disputes any amount or validity of
<br />any liens, taxes, assessments, or charges upon the Land or the Improvements, Lessee may contest
<br />and defend against the same at its cost, and in good faith diligently conduct any necessary
<br />proceedings in connection therewith to prevent and avoid the same; provided, however, that such
<br />contest shall be prosecuted to a final conclusion as speedily as possible. Lessor agrees to render
<br />to Lessee all reasonable assistance, at no expense to Lessor, in contesting the validity or amount
<br />of any such liens, taxes, assessments or charges, including joining in the signing of any protests
<br />or pleadings which Lessee may deem advisable to file; provided, however, that to the extent the
<br />Lessor is a party whose action is being contested, the Lessor's assistance shall be at the discretion
<br />of the Lessor. During any such contest, Lessee shall (by the payment or bonding of such liens,
<br />disputed taxes, assessments or charges, if necessary) prevent any advertisement of tax sale, any
<br />foreclosure of, or any divesting thereby of Lessor's title, reversion or other interest in or to the
<br />Land.
<br />
<br />2.6 Definition~
<br />
<br />As used in this Article 2, the teton "Transfer" means:
<br />
<br /> (a) Any total or partial sale, assignment or conveyance, or any trust or power,
<br />or any transfer in any other mode or form, of or with respect to this Lease or of the Land or
<br />
<br /> 6
<br />144\105\153233.13
<br />
<br />
<br />
|