Common use of Entry and Examination of Records Clause in Contracts

Entry and Examination of Records. Landlord and its representatives may enter any portion of the Premises at any reasonable time after reasonable notice to Tenant to inspect the Premises for compliance or to exhibit the Premises for sale, lease or mortgaging or for any other reason; provided that no such notice shall be required in the event of an emergency, upon an Event of Default or to post notices of non-responsibility under any mechanic’s or materialman’s lien law. No such entry shall unreasonably interfere with residents, patients, patient care or the Tenant’s operation of the Facility. During normal business hours, Tenant will permit Landlord and its representatives, inspectors and consultants to examine all contracts, books and financial and other records (wherever kept) relating to Tenant’s operations of the Facility. Landlord acknowledges and agrees that any inspection or other entry onto the Premises by Landlord or its agents shall be subject to all laws and insurance requirements, including without limitation, the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and any other security, health, safety or resident confidentiality requirements. Landlord acknowledges and agrees that neither Landlord nor its agents shall need access to, nor shall they use or disclose, any PHI of Tenant. In the event Landlord or its Agents, regardless as to whether the disclosure is inadvertent or otherwise, discovers any PHI, Landlord agrees to take reasonable steps to maintain and to require its Agents to maintain, the privacy and confidentiality of such PHI. The parties agree that the foregoing does not create, and is not intended to create, a “business associate” relationship between the parties as that term is defined by the Privacy Standards. “Protected health information” or “PHI” shall have the meaning defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Part 160 and Subparts A and E of Part 164 (the “Privacy Standards”), as promulgated by the Department of Health and Human Services (“HHS”) pursuant to HIPAA. As used in this Lease, “Agents” means such party’s agents, contractors, subcontractors, directors, officers and employees.