Control By Howard Clause Samples

Control By Howard. Notwithstanding anything contained anywhere to the contrary, the governing body of Howard (i.e., its Board of Trustees) shall be the governing body of the HUH Facilities (the “Governing Body”) and, shall possess ultimate authority and control over the operations of, and shall be responsible for the approval of policies with respect to, the HUH Facilities (not inconsistent with the Strategic Plan and Budget). The Governing Body will exercise all functions that by law, payer/program agreements, Conditions of Participation, ▇▇▇▇▇▇’▇ long-term debt covenants or accreditation standards must be exercised by the Governing Body. Notwithstanding the authority granted to Manager herein, Manager and ▇▇▇▇▇▇ agree that Howard, through the Governing Body, shall at all times exercise ultimate control over the affairs of the HUH Facilities and shall approve general operating policies to be carried out by Manager under this Agreement. The Governing Body shall delegate sufficient authority to Manager (subject to ultimate oversight by the Governing Body) to enable Manager effectively to perform its functions hereunder. By entering into this Agreement, Howard does not, and shall not in the future, delegate to Manager any of the powers, duties, and responsibilities vested in the Governing Body by law or by ▇▇▇▇▇▇’▇ governing documents.