Common use of Facility Operating Deficiencies Clause in Contracts

Facility Operating Deficiencies. On notice or request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency specified with particularity in Lessor's notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, to review the management of the Facility for the purpose of making recommendations to remedy the Facility Operating Deficiency(ies). The management consultant shall have complete access to the Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare and deliver to Lessor and Lessee a written report of its recommendations within thirty (30) days after its engagement. If Lessee shall fail to designate a management consultant acceptable to Lessor within five (5) days after receipt of the notice of request therefor, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Lessee shall promptly implement any and all reasonable recommendations made by such management consultant in order to promptly correct or cure such Facility Operating Deficiency; provided, however, that in no event shall Lessee implement any such recommendations if the same would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consent, which consent may be given or withheld in Lessor's sole and absolute discretion.

Facility Operating Deficiencies. 16.8.1 On written notice or of a request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency with respect to a Facility specified with particularity in Lessor's notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, which approval shall not be unreasonably withheld, to review the management of the such Facility for the purpose of making recommendations to remedy the Facility Operating Deficiency(ies). The Subject to applicable Legal Requirements governing confidentiality of patient records, the management consultant shall have complete access to the such Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare and deliver to Lessor and Lessee a written report of its recommendations within thirty (30) days after its engagement. If Lessee shall fail to designate a management consultant acceptable to approved by Lessor as provided above within five ten (510) days after Lessee's receipt of the notice of request thereforLessor's notice, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Lessee shall promptly implement any and all reasonable recommendations made by such management consultant in order to promptly correct or cure such Facility Operating Deficiency; provided, however, that in no event shall Lessee implement any such recommendations if the same would constitute a violation of applicable Legal Requirements or would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consentunless Lessor consents in writing to such Event of Default, which consent may be given or withheld in Lessor's sole and absolute discretion.

Facility Operating Deficiencies. On written notice or of a request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency with respect to a Facility specified with particularity in Lessor's ’s notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, which approval shall not be unreasonably withheld, to review the management of the such Facility for the purpose of making recommendations to remedy the Facility Operating Deficiency(ies). The Subject to applicable Legal Requirements governing confidentiality of patient records, the management consultant shall have complete access to the such Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare and deliver to Lessor and Lessee a written report of its recommendations within thirty (30) days after its engagement. If Lessee shall fail to designate a management consultant acceptable to approved by Lessor as provided above within five ten (510) days after Lessee’s receipt of the notice of request thereforLessor’s notice, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Lessee shall promptly implement any and all reasonable recommendations made by such management consultant in order to promptly correct or cure such Facility Operating Deficiency; provided, however, that in no event shall Lessee implement any such recommendations if the same would constitute a violation of applicable Legal Requirements or would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consentunless Lessor consents in writing to such Event of Default, which consent may be given or withheld in Lessor's ’s sole and absolute discretion.. 45

Facility Operating Deficiencies. On notice or request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency specified with particularity in Lessor's notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, to review the management of the Facility for the purpose of making and make recommendations to remedy the Facility Operating Deficiency(ies). Such management consultant shall prepare a written report of its findings and recommendations, and Lessee shall cause the same to be delivered to Lessor for approval. The management consultant shall have complete access to the Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare duties and deliver to Lessor and Lessee a written report of make its recommendations within thirty (30) days after its engagementrecommendations. If Lessee shall fail to designate a management consultant acceptable to Lessor within five (5) days after receipt of the notice of request therefor, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Promptly following Lessor's and Lessee's receipt of such management consultant's written report and recommendations, the parties shall hold a telephone conference or meeting to discuss the contents of such report and such recommendations for purposes of reaching mutual agreement as to which recommendations Lessee shall promptly implement any and all reasonable recommendations made by implement. In the event that the parties are unable to mutually agree on such management consultant in order to promptly correct or cure such Facility Operating Deficiency; providedrecommendations, however, that in no event shall Lessee implement any such recommendations if the same would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consentsole, which consent may but reasonable decision shall be given final and binding. Promptly following the parties agreement on such recommendation, or withheld in Lessor's sole and absolute discretiondecision, as the case may be, Lessee shall implement the applicable recommendations in a diligent manner.

Facility Operating Deficiencies. On written notice or of a request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency with respect to a Facility specified with particularity in Lessor's ’s notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, which approval shall not be unreasonably withheld, to review the management of the such Facility for the purpose of making recommendations to remedy the Facility Operating Deficiency(ies). The Subject to applicable Legal Requirements governing confidentiality of patient records, the management consultant shall have complete access to the such Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare and deliver to Lessor and Lessee a written report of its recommendations within thirty (30) days after its engagement. If Lessee shall fail to designate a management consultant acceptable to approved by Lessor as provided above within five ten (510) days after Lessee’s receipt of the notice of request thereforLessor’s notice, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Lessee shall promptly implement any and all reasonable recommendations made by such management consultant in order to promptly correct or cure such Facility Operating Deficiency; provided, however, that in no event shall Lessee implement any such recommendations if the same would constitute a violation of applicable Legal Requirements or would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consentunless Lessor consents in writing to such Event of Default, which consent may be given or withheld in Lessor's ’s sole and absolute discretion.

Facility Operating Deficiencies. On written notice or of a request therefor by Lessor to Lessee, upon the occurrence of a Facility Operating Deficiency specified with particularity in Lessor's ’s notice, and for a period equal to the greater of six (6) months or the time necessary fully to remedy the Facility Operating Deficiency, Lessee shall engage the services of a management consultant, unaffiliated with Lessee and approved by Lessor, which approval shall not be unreasonably withheld, to review the management of the Facility for the purpose of making recommendations to remedy the Facility Operating Deficiency(ies). The Subject to applicable Legal Requirements governing confidentiality of patient records, the management consultant shall have complete access to the Facility, its records, offices and facilities, in order that it may carry out its duties. Lessee shall cause such management consultant to prepare and deliver to Lessor and Lessee a written report of its recommendations within thirty (30) days after its engagement. If Lessee shall fail to designate a management consultant acceptable to approved by Lessor as provided above within five ten (510) days after Lessee’s receipt of the notice of request thereforLessor’s notice, Lessor may designate such management consultant by further notice to Lessee. Lessee shall be responsible for payment of all fees and expenses reasonably charged and incurred by the management consultant in carrying out its duties. Lessee shall promptly implement any and all reasonable recommendations made by such management consultant in order to promptly correct or cure such Facility Operating Deficiency; provided, however, that in no event shall Lessee implement any such recommendations if the same would constitute a violation of applicable Legal Requirements or would otherwise cause an Event of Default hereunder (e.g., a Transfer or change in use of the Leased Property), without Lessor's prior written consentunless Lessor consents in writing to such Event of Default, which consent may be given or withheld in Lessor's ’s sole and absolute discretion.