Common use of Catastrophic Material Casualty Clause in Contracts

Catastrophic Material Casualty. The covenants set forth in this Section 6.17 apply only prior to the Effective Time. In the event of a Catastrophic Material Casualty prior to the Effective Time, the City shall within fifteen (15) Business Days after such Catastrophic Material Casualty provide Notice thereof to SEARHC. Such Notice shall include copies of all insurance policies then in force covering the Acquired Assets or the SCH Hospital Facility, as the case may be, affected by such Catastrophic Material Casualty and the City’s initial good faith estimate of the cost to repair such damage or destruction. If any part of the Acquired Assets or the SCH Hospital Facility is damaged or destroyed prior to the Effective Time, this Agreement shall not be affected and the Parties shall not be excused from performance hereunder; provided, that as of the Effective Time, at SEARHC’s request, the City shall assign to SEARHC all of its right, title, and interest in and to the proceeds of insurance insuring against the Loss and the City’s interest in sums payable thereunder; and provided, further, that SEARHC’s obligation to provide the Continuing Interim Services at the SCH Hospital Facility as contemplated in Section 6.15(b) during the Interim Operating Period shall terminate if a Catastrophic Material Casualty occurs that renders continued use and occupancy of the SCH Hospital Facility impossible, unsafe or unlawful, and in which event, SEARHC shall take reasonable steps to assure that during such period of limited service, every patient or resident who experiences an injury or illness but is unable to obtain immediate transport to another hospital (either an acute care or critical access hospital) or long term care facility shall be offered available basic acute care and emergency or observation services at either MEH or another facility in the City and Borough of Sitka, Alaska, until the patient can be transferred to another hospital or facility, or is no longer in need of transport.

Catastrophic Material Casualty. The covenants set forth in this Section 6.17 6.20 apply only prior to and on the Effective TimeClosing Date. In the event of a Catastrophic Material Casualty prior to the Effective Time, the City Seller shall within fifteen (15) Business Days after such Catastrophic Material Casualty provide Notice thereof to SEARHCBuyer. Such Notice shall include copies of all insurance policies then in force covering the Acquired Assets or the SCH Hospital FacilityHospital, as the case may be, affected by such Catastrophic Material Casualty and the CitySeller’s initial good faith estimate of the cost to repair such damage or destruction. If any part of the Acquired Assets or the SCH Hospital Facility is damaged or destroyed prior to the Effective TimeClosing Date, this Agreement shall not be affected and the Parties shall not be excused from performance hereunder; provided, that as of the Effective Time, at SEARHCBuyer’s request, the City Seller shall assign to SEARHC Buyer all of its right, title, and interest in and to the proceeds of insurance insuring against the Loss and the CitySeller’s interest in sums payable thereunder; and provided, further, that SEARHCBuyer’s obligation to provide operate the Continuing Interim Services at the SCH Hospital Facility Business as contemplated in Section 6.15(b) during the Interim Operating Period shall terminate if a the Catastrophic Material Casualty occurs that renders continued use and occupancy of the SCH Hospital Facility thereof impossible, unsafe or unlawful, and in which event, SEARHC Buyer shall take reasonable steps to assure that during such period of limited service, every patient or resident who experiences an injury or illness but is unable to obtain immediate transport to another hospital (either an acute care or critical access hospital) or long term care facility shall be offered available basic acute care and emergency or observation services at either MEH AICS or another facility in the City and Borough of Sitka, AlaskaWrangell, until the patient can be transferred to another hospital or facility, or is no longer in need of transport.