Common use of Management of Facility Clause in Contracts

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 Owner (and in conjunction with Owner’s counsel) with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of labor contract must be submitted to Owner for approval and execution. (l) Make periodic evaluation of the performance of all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliates. (n) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager shall supervise the management of the Facility including including, but not limited to 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 Operator 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 job classifications approved from time to time by OwnerOperator; and release employees at Manager’s discretion. Operator and Manager agree that the Facility Administrator will be an employee of Manager (or Manager’s affiliate), and will be paid by Manager and not by Operator. (b) Recommend and institute, subject to approval of OwnerOperator, appropriate employee benefits. Employee benefits may include pension and profit sharing plans, insurance benefits, and incentive plans for key employees 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 Facility, except that physical improvements costing more than $5,000.00, 5,000.00 shall be subject to prior approval of Owner Operator, which shall not be unreasonably withheld. (ed) Purchase supplies, drugs, solutions, equipment, furniture, furniture and furnishings on behalf of OwnerOperator, except that purchases of items of equipment which cost more than $5,000.00, 5,000.00 shall be subject to prior approval of Owner Operator, which shall not be unreasonably withheld. (fe) Administer and schedule all services of the Facility. (gf) 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. (ig) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting collection of the charges from the patients or these third 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. (kh) Negotiate on behalf of Owner Operator (and in conjunction with OwnerOperator’s counsel) with any labor union lawfully entitled to represent employees of the Owner Operator who work at the Facility, but any collective bargaining agreement of or labor contract must be submitted to Owner Operator for approval and execution. (li) Make periodic evaluation of the performance of all departments of the Facility facility, paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliates. (nj) Advise and assist Owner Operator in designing an adequate and appropriate public and personnel relations program. (k) Provide a monthly narrative report addressing the operations of the community, including progress towards goals, challenges and updated plans. (l) Develop a customized and aggressive marketing program to be implemented by the Facility that includes detailed lead tracking, sales person training, ongoing referral management and regular oversight by our team. (m) Prepare a detailed annual budget based on current operations and proposed changes and improvements.

Management of Facility. During the term of this Agreement, Manager shall supervise the management on behalf of Owner supervise, conduct, and manage all aspects of the Facility including day-to-day operation of the Facility, including, but not limited to to, staffing, accounting, billing, collections, setting of rates and charges and general administration. In connection therewith, Manager (either directly or through thorough supervision of employees of the Facility) shall: (a) Establish, maintain, revise and administer an overall pricing structure for services rendered in the Facility, including, without limitation, patient room charges, charges for all ancillary services, charges for supplies, medication and special services. (b) Hire on behalf as employees of Owner and maintain (to the extent such personnel are reasonably available in the community in which the Facility is located) retain an adequate staff of nurses, technicians, nurse aides, office and other employees, including an administratoradministrator (the "Administrator") and promote, direct, assign and discharge all such employees on behalf of Owner at wage Manager's sole discretion. All such employees shall be employees of the Owner and salary rates for various jobs classifications approved carried on the payroll of the Facility. (c) Institute and amend from time to time by Owner; general salary scales, personnel policies and release appropriate employee benefits for all employees at Manager’s discretion. (b) Recommend and institute, subject to approval on behalf of Owner, appropriate employee benefits. Employee benefits may include pension and profit sharing plans, insurance benefits, and benefit.% incentive plans for key employees and vacation holiday, vacation, personal leave and sick leave policies. (cd) Design Issue appropriate bills for services and materials furnished by the Facility and use its best efforts to collect accounts receivable and monies owed to the Facility on behalf of Owner, design and maintain accounting, billing, patient and collection records; and prepare and file insurance, Medicare, Medicaid and any and all other necessary or desirable incidental reports and claims related to revenue production. Subject to any rights in favor of Manager's accounts receivable lender, Owner hereby delegates to 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. (de) Order, supervise and conduct a program of regular maintenance and repair of the Facility repair, (including any extraordinary expenditures or improvement), except that any physical improvements costing in the aggregate more than $5,000.00, 10,000 in any given year 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 Purchase food, beverage, medical cleaning and schedule all services other supplies, equipment, furniture and furnishings for the account of the FacilityOwner. (g) Supervise Administer, supervise and provide schedule all patient and other services of the Facility, including the operation of food service facilitiesfood, xxxxxx/beautician and other an services. (h) Provide necessary funds for and pay all of the orderly payment (to the extent funds of Owner are available) of accounts payable, employee payrollindebtedness (other than Owner's mortgage financing), taxes and (other than taxes on or measurable by Owner's income taxes), insurance premiums, and all other obligations of the Facility on behalf of Owner. (i) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or these third parties. (j) Advise Obtain and assist Owner in obtaining and maintaining adequate maintain insurance coverage with for the Facility naming 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 coverageas provided in Section 5.01 hereof. (k) Negotiate and enter into such agreements, leases, contracts and orders on behalf of Owner as it may deem necessary or advisable, for the furnishing of services (including medical pharmacy and in conjunction with Owner’s counselmedical records consulting, dietary, emergency evacuation, transportation, infectious waste disposal, fire system, etc, and related services), concessions and supplies for the operation and maintenance of the Facility. (l) Negotiate with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of or labor contract must be submitted to Owner for its approval and execution. Manager agrees to provide Owner with prompt notice of all labor negotiations. (lm) Maintain on behalf of Owner all licenses and permits required for the operation of the facility, its contracts with third party payors and other similar governmental and non-governmental agencies and intermediaries. (n) Make periodic evaluation evaluations of the performance performances of all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budgetFacility. (mo) Establish Design, establish and maintain books of account a suitable accounting system using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliatesin similar facilities. (np) Advise and assist Owner in designing Designing an adequate and appropriate public and personnel relations program. (q) Acquire at Owner's expense all items required to properly equip and operate the facility which are not provided by Owner. (r) Engage counsel and cause such legal proceedings to be instituted on Owner's behalf as may be needed in Manager's reasonable determination to enforce payment of charges, collect accounts receivable, or enforce compliance with other terms of residency agreements, or to dispossess residents and patients, with full authority to compromise disputes with residents and patients involving setoffs or damage claims.

Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager shall supervise the management on behalf of Lessee manage all aspects of the Facility including 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 Owner Lessee and maintain 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 an administratora qualified administrator (the "Administrator") and shall promote, at wage direct, assign and salary rates for various jobs classifications approved from time to time by Owner; and release discharge all such employees on behalf of Lessee at Manager’s 's sole 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 the Lessee and carried on the payroll of the Facility and shall not be deemed employees or agents of Manager. (b) Recommend Institute and instituteamend, 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 approval the general salary scales, personnel policies and employee benefit programs of Owner, appropriate employee benefitsthe lessor of such leased employees. Employee benefits may include pension and profit sharing plans, insurance benefits, and incentive plans for key employees and vacation holiday, vacation, personal leave and sick leave policies. (c) Design 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 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 withheldrepair. (e) Purchase food, beverage, medical, cleaning and other supplies, drugs, solutions, equipment, furniture, furniture and furnishings on behalf for the account 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 withheldLessee. (f) Administer Administer, supervise and schedule all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services. (g) Supervise and provide the operation of food service facilities. (h) Provide for the orderly payment (to the extent funds of Owner are availableavailable therefor) of accounts payable, employee payroll, taxes amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (ih) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or these third parties. (ji) Advise Obtain and assist Owner in obtaining and maintaining adequate maintain insurance coverage with Ownerfor the Facility naming Lessee, Manager and such other persons as requested by Owner named Lessee as insured insureds as provided in Section 5.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of Lessee, such agreements, contracts and orders as Manager may deem necessary or advisable, for the Facility. Manager shall advise Owner with regard to the availabilityfurnishing of services, nature concessions and desirable policy limits of insurance coverage supplies for the operation and maintenance of the Facility, and shall request and receive bids for such coverage. (k) Negotiate After notice to Lessee, negotiate on behalf of Owner Lessee (and in conjunction with Owner’s Lessee's counsel) with any labor union lawfully entitled to represent employees of the Owner Lessee who work at the Facility, but any collective bargaining agreement of or labor contract must be submitted to Owner Lessee for its approval and execution. (l) As provided in Section 1.07(a), assist in maintaining all licenses and permits required for the operation of the Facility, its contracts with third party payors and other similar governmental and nongovernmental agencies and intermediaries. (m) Make periodic evaluation evaluations of the performance performances of all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budgetFacility. (mn) Establish Design, establish and maintain books of account a suitable accounting system using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliatesin similar facilities. (no) Advise and assist Owner Lessee in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager shall supervise the management on behalf of Owner manage all aspects of the Facility including 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 Owner and maintain 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 an administratora qualified administrator (the "Administrator") and shall promote, at wage direct, assign and salary rates for various jobs classifications approved from time to time by Owner; and release discharge all such employees on behalf of Owner at Manager’s 's sole discretion. All employees shall be employees of the Owner and carried on the payroll of the Facility and shall not be deemed employees or agents of Manager. (b) Recommend Institute and instituteamend, subject from time to approval time, general salary scales, personnel policies and appropriate employee benefits for all employees on behalf of Owner, appropriate employee benefits. Employee benefits may include pension and profit sharing plans, insurance benefits, and incentive plans for key employees and vacation holiday, vacation, personal leave and sick leave policies. (c) Design Issue appropriate bills for services and materials furnished by the Facility and use its reasonable 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 of the Facility repair, except that physical improvements costing more than $5,000.00, 10,000 shall be subject to prior approval of Owner which shall not be unreasonably withheldOwner. (e) Purchase food, beverage, medical, cleaning and other supplies, drugs, solutions, equipment, furniture, furniture and furnishings on behalf for the account of Owner, except that purchases the purchase of items of equipment any single item which cost costs more than $5,000.00, 5,000 shall be subject to prior approval of Owner which shall not be unreasonably withheldby Owner. (f) Administer Administer, supervise and schedule all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services. (g) Supervise and provide the operation of food service facilities. (h) Provide for the orderly payment (to the extent funds of Owner are availableavailable therefor) of accounts payable, employee payroll, taxes amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (ih) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or these third parties. (ji) Advise Obtain and assist Owner in obtaining and maintaining adequate maintain insurance coverage with for the Facility naming Owner, Manager and such other persons as requested by Owner named as insured insureds as provided in Section 4.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of Owner, such agreements, contracts and orders as Manager may deem necessary or advisable, for the Facility. Manager shall advise Owner with regard to the availabilityfurnishing of services, nature concessions and desirable policy limits of insurance coverage supplies for the operation and maintenance of the Facility, and shall request and receive bids for such coverage. (k) Negotiate on behalf of Owner (and in conjunction with Owner’s 's counsel) with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of or labor contract must be submitted to Owner for its approval and execution. (l1) Assist in maintaining all licenses and permits required for the operation of the Facility, its contracts with third party payors and other similar governmental and non-governmental agencies and intermediaries. (m) Make periodic evaluation evaluations of the performance performances of all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budgetFacility. (mn) Establish Design, establish and maintain books of account a suitable accounting system using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliatesin similar facilities. (no) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager CCMC 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 therewith CCMC (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 job classifications approved from Dom time to time by Owner; and release employees at Manager’s CCMC's discretion. (b) Recommend and institute, subject to approval of Owner, appropriate employee benefits. Employee benefits may include pension and profit 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, Medicaid 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, 500.00 shall be subject to prior approval of Owner which shall not be unreasonably withheld. (e) Purchase supplies, drugs, solutions, equipment, furniture, Furniture and furnishings on behalf of Owner, ' except that purchases of items of equipment which cost more than $5,000.00, 500.00 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 availableavailable therefore) 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 third 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 CCMC 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 Owner (and in conjunction with Owner’s 's counsel) with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of labor contract contact must be submitted to Owner for approval and execution. (l1) Make periodic evaluation of the performance of all departments of the Facility facility paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager CCMC at other facilities owned or lease leased by it or its affiliates. (n) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.

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 Operators 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 OwnerOperators; and release employees at Manager’s discretion. (b) Recommend and institute, subject to approval of OwnerOperators, 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 Operators which shall not be unreasonably withheld. (e) Purchase supplies, drugs, solutions, equipment, furniture, and furnishings on behalf of OwnerOperators, except that purchases of items of equipment which cost more than $5,000.00, shall be subject to prior approval of Owner Operators 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 Operators 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 Operators in obtaining and maintaining adequate insurance coverage with OwnerOperators, Manager and such other persons as requested by Owner Operators named as insured for the Facility. Manager shall advise Owner Operators 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 Owner Operators (and in conjunction with Owner’s Operators’ counsel) with any labor union lawfully entitled to represent employees of the Owner Operators who work at the Facility, but any collective bargaining agreement of labor contract must be submitted to Owner Operators for approval and execution. (l) Make periodic evaluation of the performance of all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliates. (n) Advise and assist Owner Operators in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager AdCare 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 therewith AdCare (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 job classifications approved from time to time by Owner; and release employees at ManagerAdCare’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, 5,000.00 shall be subject to prior approval of Owner which shall not be unreasonably withheld. (e) Purchase supplies, drugs, solutions, equipment, furniture, furniture and furnishings on behalf of Owner, except that purchases of items of equipment which cost more than $5,000.00, 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 availableavailable therefore) 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 collection the charges from the patients or these third 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 AdCare 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 Owner (and in conjunction with Owner’s counsel) with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of labor contract must be submitted to Owner for approval and execution. (l) Make periodic evaluation of the performance of all departments of the Facility facility paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager AdCare at other facilities owned or lease leased by it or its affiliates. (n) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager CCMC 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 therewith CCMC (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 job classifications approved from Dom time to time by Owner; and release employees at Manager’s CCMC's discretion. (b) Recommend and institute, subject to approval of Owner, appropriate employee benefits. Employee benefits may include pension and profit 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, Medicaid 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, 500.00 shall be subject to prior approval of Owner which shall not be unreasonably withheld. (e) Purchase supplies, drugs, solutions, equipment, furniture, Furniture and furnishings on behalf of Owner, ' except that purchases of items of equipment which cost more than $5,000.00, 500.00 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 availableavailable therefore) 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 third 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 CCMC 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 Owner (and in conjunction with Owner’s 's counsel) with any labor union lawfully entitled to represent employees of the Owner who work at the Facility, but any collective bargaining agreement of labor contract contact must be submitted to Owner for approval and execution. (l1) Make periodic evaluation of the performance of all departments of the Facility facility paying particular attention to those departments where there is an inconsistency between expenditures and budget. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager CCMC at other facilities owned or lease leased by it or its affiliates. (n) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.

Management of Facility. During the term of this Agreement, Manager Manager, subject to the provisions of Section 1.01, shall supervise (through the management Administrator selected and appointed pursuant to Section 2.02) manage all aspects of the Facility operation of the Facility, including but not limited to staffing, accounting, billing, collections, setting of rates and charges collections and general administration. In connection therewith, Manager (either directly or through supervision of employees of the Facility) shall: (a) Hire on behalf as employees of Owner and discharge, maintain (and supervise, to the extent such personnel the same are reasonably available in the community in which the Facility is located) community, an adequate staff of nurses, technicians, office and other employees, including an administrator, employees at wage and salary rates for various jobs job classifications approved from time to time by Owner; the release of employees shall be at the discretion of the Manager. Manager shall prepare and release employees at Manager’s discretionsubmit to Owner for approval and adoption, a personnel policies manual which shall contain job descriptions, staffing requirements, wage and salary scales and general personnel policies. Adjustments in wage and salary scales shall be submitted to Owner for approval, which approval shall not be unreasonably withheld. (b) Recommend and institute, subject to approval of Owner, appropriate employee benefits. Employee benefits may include pension and profit profit-sharing plansplans (where applicable), insurance benefits, and incentive plans for key employees and vacation policies. (c) Design and maintain implement appropriate systems for accounting, billing, patient and collection records; prepare , supervise the preparation and file filing of insurance, Medicare, Medicaid and any and all other necessary or desirable reports reports, claims and claims rate increase requests related to revenue production. Manager shall institute procedures and file reports and applications under any applicable federal, state or local price or rate setting or review statute or ordinance. (d) OrderSupervise the timely issuance of bills for services and materials furnished by the Facility, supervise collection of accounts and monies owed to the Facility, including the institution of legal proceedings in the name of the Facility to collect such accounts and to enforce the rights of the Facility as creditor under any contract or in connection with the rendering of any service, and billing for and collection of amounts owed to physicians for professional services rendered by such physicians, to the extent the Facility an such physician shall have agreed that the Facility shall render such xxxxxxxx and make such collections on their behalf. Manager shall have the right to process all third-party payment claims for Facility services including the full right to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (e) On behalf of Owner, order, supervise and conduct a program of regular maintenance and repair of the Facility except that non-budgeted physical improvements costing more than $5,000.00, 10,000.00 each shall be subject to prior approval of Owner. Manager may order emergency repairs which, in its opinion, serve the best interests of Owner. Manager will confer with Owner which shall not be unreasonably withheldas promptly as possible after such repairs have been ordered. (ef) Purchase On behalf of Owner, purchase supplies, drugs, solutions, equipment, furniture, furnishings and furnishings materials and services (including service or maintenance contracts which manager shall deem necessary in order to carry on behalf a satisfactory operation of Owner, the Facility) except that purchases purchase of items of equipment which cost more than $5,000.00, 10,000.00 shall be subject to prior approval of Owner which shall not be unreasonably withheldOwner. (fg) Administer and schedule all services of the Facilitynursing center services. (gh) Supervise and elect at its sole discretion to either provide or contract for the operation of food service facilities. (hi) Provide for the orderly payment (to the extent funds of Owner are available) of bills, accounts payable, employee payroll, taxes taxes, insurance premiums and insurance premiums. (i) Institute standards other debts of the Facility; provided that Manager’s responsibility under this section shall be limited to the exercise of reasonable diligence and procedures for admitting patients, for charging patients for servicescare to apply the funds collected in the operation of the Facility to its obligations in a timely and prudent manner, and for collecting Manager shall have no liability, joint or separate, with respect to an obligation of the charges Facility, Manager shall maintain a fiduciary bond of $5,000.00 which shall be at owners expense. Owner agrees to indemnify and hold Manager harmless from any such obligation to the patients or these partiesextent such was properly incurred. (j) Advise Submit to Owner for its approval (which shall not be unreasonably withheld) schedules of rates and assist Owner in obtaining and maintaining adequate insurance coverage with Owner, Manager and such other persons as requested fees to be charged for services to be rendered by Owner named as insured for the Facility. Manager shall advise and Owner with regard to recognize the availability, nature and desirable policy limits importance of insurance coverage maintaining levels of charges for the Facility, and shall request and receive bids for such coverage. (k) Negotiate on behalf of Owner (and in conjunction with Owner’s counsel) with any labor union lawfully entitled to represent employees of services which enable the Owner who work at to comply with the FacilityInstitutions debt service. From time to time, but any collective bargaining agreement of labor contract must be submitted Manager will submit to Owner for approval and execution. (l) Make periodic evaluation revisions in the levels of charges of the performance of Facility, which revisions take into account (1) the debt service and all departments of the Facility paying particular attention to those departments where there is an inconsistency between expenditures and budgetother provisions for expenses. (m) Establish and maintain books of account using accounts and classifications consistent with those used by Manager at other facilities owned or lease by it or its affiliates. (n) Advise and assist Owner in designing an adequate and appropriate public and personnel relations program.