Management of Facility. During the term of this Agreement, Manager shall supervise the management of the Facility including but not limited to staffing, accounting, billing, collections, setting of rates and charges and general administration. In connection therewith, Manager (either directly or through supervision of employees of the Facility) shall:
(a) Hire on behalf of Owner and maintain (to the extent such personnel are reasonably available in the community in which the Facility is located) an adequate staff of nurses, technicians, office and other employees, including an administrator, at wage and salary rates for various jobs classifications approved from time to time by Owner; and release employees at Manager’s discretion.
(b) Recommend and institute, subject to approval of Owner, appropriate employee benefits. Employee benefits may include pension and profit sharing plans, insurance benefits, and incentive plans for key employees and vacation policies.
(c) Design and maintain accounting, billing, patient and collection records; prepare and file insurance, and any and all other necessary or desirable reports and claims related to revenue production.
(d) Order, supervise and conduct a program of regular maintenance and repair of the Facility except that physical improvements costing more than $5,000.00, shall be subject to prior approval of Owner which shall not be unreasonably withheld.
(e) Purchase supplies, drugs, solutions, equipment, furniture, and furnishings on behalf of Owner, except that purchases of items of equipment which cost more than $5,000.00, shall be subject to prior approval of Owner which shall not be unreasonably withheld.
(f) Administer and schedule all services of the Facility.
(g) Supervise and provide the operation of food service facilities.
(h) Provide for the orderly payment (to the extent funds of Owner are available) of accounts payable, employee payroll, taxes and insurance premiums.
(i) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or these parties.
(j) Advise and assist Owner in obtaining and maintaining adequate insurance coverage with Owner, Manager and such other persons as requested by Owner named as insured for the Facility. Manager shall advise Owner with regard to the availability, nature and desirable policy limits of insurance coverage for the Facility, and shall request and receive bids for such coverage.
(k) Negotiate on behalf of Ow...
Management of Facility. Unless otherwise agreed to in writing by Lessor ----------------------
(i) Lessee shall cause the Facility to be managed and leased to Residents and Tenants at all times by Lessee or an Affiliate of Lessee, (ii) Lessee shall not enter into any agreement (oral or written) with respect to such management and leasing activities unless the terms thereof and the proposed manager or leasing agent have been approved in writing by Lessor, (iii) all such management or leasing agreements must be in writing, and (iv) all management or leasing agreements with an Affiliate of Lessee must contain provisions to the effect that (A) the obligation of Lessee to pay management fees is subordinate to its obligation to pay the Rent, and (B) the manager shall not have the right to collect any management fees during the continuance of an Event of Default.
Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager shall on behalf of Lessee manage all aspects of the operation of the Facility, including, but not limited to staffing, accounting, billing, collections, setting of rates and charges and general administration. In connection therewith, Manager (either directly or through supervision of employees of the Facility) shall:
(a) Hire or lease on behalf of Lessee and retain (to the extent such personnel are reasonably available in the community in which the Facility is located) an adequate staff of nurses, technicians, nurse aides, office and other employees, including a qualified administrator (the "Administrator") and shall promote, direct, assign and discharge all such employees on behalf of Lessee at Manager's reasonable discretion; provided, however, that leased employees shall be subject to the direction and control of the lessor of such leased employees. All employees shall be employees of or leased by Lessee and carried on the payroll of the Facility and shall not be deemed employees or agents of Manager.
(b) Institute and amend, from time to time general salary scales, personnel policies and appropriate employee benefits for all employees on behalf of Lessee; provided, however, that leased employees shall be subject to the general salary scales, personnel policies and employee benefit programs of the lessor of such leased employees. Employee benefits may include pension and profit sharing plans, insurance benefits, incentive plans for key employees and holiday, vacation, personal leave and sick leave policies.
(c) Issue appropriate bills for services and materials furnished by the Facility and use its reasonable best efforts to diligently collect accounts receivable and monies owed to the Facility, design and maintain accounting, billing, patient and collection records; and prepare and file insurance, Medicare, Medicaid and any and all other necessary or desirable reports and claims related to revenue production. Lessee hereby grants Manager the right to enforce Lessee's rights as creditor under any contract or in connection with rendering any services for purposes of collecting accounts receivable and monies owed the Facility.
(d) Order, supervise and conduct a program of regular maintenance and repair.
(e) Purchase food, beverage, medical, cleaning and other supplies, equipment, furniture and furnishings for the account of Lessee.
(f) Administer, supervise and schedule...
Management of Facility. Between the Execution Date and the Closing, Transferor shall:
(a) manage the Facility in the ordinary course and in substantially the same manner as currently managed, including with respect to the maintaining Inventory at normal operating levels;
(i) maintain, keep and preserve its assets and properties (taken as a whole) in all material respects in good condition and repair (ordinary wear and tear excepted); (ii) preserve in all material respects its business intact; (iii) preserve in all material respects the goodwill of and relations with employees, Healthcare Providers, suppliers, distributors, vendors, referral sources, patients, residents, tenants, customers, and others having business dealings or relations with the Transferor or the Facility; and (iv) maintain its books and records consistent with past practices and applicable law;
(c) maintain or cause to be maintained all insurance policies presently being maintained by Transferor with respect to the Facility and/or Transferred Assets;
(d) preserve in force (or cause to be preserved in force) all existing Licenses, of the Facility, including Medicare and Medicaid and any other government payment program enrollments, and if any such License or enrollment shall expire or be suspended or revoked prior to the Closing, Transferor shall promptly notify New Manager and shall, at Transferor’s expense, take all commercially reasonable measures to cause the extension, renewal or reinstatement of such License without any additional limitation or condition;
(e) maintain, restore or replace all drugs, medicines, foods and other supplies used in connection with the operation of the Facility; and
(f) not take any actions which are inconsistent with its obligations under this Agreement or which could hinder or delay the consummation of the transactions contemplated by this Agreement.
Management of Facility. The Hirer and persons under their direction shall forthwith obey all directions or orders given by the Ballarat Agricultural and Pastoral Society Executive Officer, as to the management of the Buildings, Facilities or grounds, and functions being conducted therein. The Hirer must use the buildings, facilities and grounds in a safe and proper manner so as not to create any risk of injury or damage to person or property.
Management of Facility. Lessee shall cause the Facility to be managed (including any leasing activities) at all times by Lessee or an Affiliate of Lessee. Lessee shall not enter into any agreement for such management and leasing activities, written or oral, unless the terms thereof and the proposed manager or leasing agent have been approved in writing by Lxxxxx. All such management or leasing agreements must be in writing and all management or leasing agreements with an Affiliate of Lessee must contain a provision to the effect that the obligation of Lessee to pay management fees is subordinate to its obligation to pay the Rent, and that the manager shall not have the right to collect any management fees during the continuance of an Event of Default.
Management of Facility. The Facility shall be self-managed by Tenant or its Affiliates. At its own cost and expense, Tenant shall employ such clinical, clerical and administrative personnel as may be required for proper operation of the Facility ( “Tenant Employees”) or shall enter into service contracts for such clinical, clerical and administrative personnel as may be required for proper operation of the Facility ( “Service Contract Employees”). Tenant shall be solely responsible for all employment or employment-related decisions with respect to Tenant Employees. Tenant Employees and Service Contract Employees shall not for any purpose be, be deemed to be, or be considered to be employees of Landlord. Tenant shall be solely responsible for the satisfaction of any and all obligations it assumes with respect to Tenant Employees, including without limitation, payment of wages and salaries, withholding of federal, state and local taxes, employee benefits, wage and hour obligations (including overtime), workers’ compensation, Social Security and unemployment insurance. Tenant shall comply with all federal, state and local laws, rules and regulations respecting the employment and the provision of equal employment opportunities to Tenant Employees working in the Facility and those respecting occupational health and safety of hospital workers.
Management of Facility. 8 6.4 Lessor to Grant Easements................................................................ 8
Management of Facility. During the term of this Agreement, Manager shall on behalf of Lessee manage all aspects of the operation of the Facility, including, but not limited to staffing, accounting, billing, collections, setting of rates and charges and general
Management of Facility. During the term of this Agreement, Manager shall on behalf of Owner manage all aspects of the operation of the Facility, including, but not limited to, staffing, accounting, billing, collections, setting of rates and charges and general administration. In connection therewith, Manager (either directly or through supervision of employees of the Facility) shall:
(a) Hire on behalf of manager and retain (to the extent such personnel are reasonably available in the community in which the Facility is located) an adequate staff of nurses, technicians, nurse aides, office and other employees, including and administrator (the "Administrator") and shall promote, direct, assign and discharge all such employees on behalf of Owner at Manager's sole discretion. All such employees shall be employees of the Manager and carried on the payroll of the Facility.
(b) Institute and amend from time to time general salary scales, personnel policies and appropriate employees benefits for all employees on behalf of Owner. Employee benefits may include pension and profit sharing plans, insurance benefits, incentive plans for key employees and holiday, vacation, personal leave and sick leave policies.
(c) Issue appropriate bills for services materials furnished by the Facility and use its best efforts to collect accounts receivable and monies owed to the Facility, design and maintain accounting, billing, patient and collection records; and prepare and file insurance, Medicare, Medicaid and any and all other necessary or desirable reports and claims related to revenue production. Owner hereby grants Manager the right to enforce Owner's rights as creditor under any contract or in connection with rendering any services for purposes of collecting accounts receivable and monies owed the Facility.
(d) Order, supervise and conduct a program of regular maintenance and repair, except that any physical improvements costing in the aggregate more than $10,000 in any given year shall be subject to approval of Owner.
(e) Purchase food, beverage, medical, cleaning and other supplies, equipment, furniture and furnishings for the account of Owner, except that the purchase of any single item which costs more than $25,000 shall be subject to approval of Owner.
(f) Administer, supervise and schedule all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services.
(g) Provide necessary funds for and pay all of the accounts, payable indebted...
