Common use of Management of Facility Clause in Contracts

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 all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services. (g) Provide for the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming Lessee, Manager and such other persons requested by Lessee as 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 furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to Lessee, negotiate on behalf of Lessee (and in conjunction with Lessee's counsel) with any labor union lawfully entitled to represent employees of Lessee who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee for its approval and execution. (l) As provided in Section 1.08(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 evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee in designing an adequate and appropriate public relations program.

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 sole discretion; provided, however, that leased employees shall be subject to the direction and control of the lessor 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) 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 personal policies and employee benefit programs of the lessor 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, except that physical improvements costing more than $5,000 shall be subject to approval of Lessee. (e) Purchase food, beverage, medical, cleaning and other supplies, equipment, furniture and furnishings for the account of Lessee, except that the purchase of any single item which costs more than $5,000 shall be subject to approval to Lessee. (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 for the orderly payment (to the extent funds of Lessee are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming Lessee, Manager and such other persons requested by Lessee as insureds as provided in Section 5.01 4.01 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 furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to Lessee, negotiate Negotiate on behalf of Lessee (and in conjunction with Lessee's counsel) with any labor union lawfully entitled to represent employees of Lessee who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee for its approval and execution. (l1) As provided in Section 1.08(a), assist 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 non-governmental agencies and intermediaries. (m) Make periodic evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee in designing an adequate and appropriate public relations program.

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 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) 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 all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services. (g) Provide for the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming Lessee, Manager and such other persons requested by Lessee as insureds as provided in Section 5.01 4.01 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 furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to Lessee, negotiate Negotiate on behalf of Lessee (and in conjunction with Lessee's counsel) with any labor union lawfully entitled to represent employees of Lessee who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee for its approval and execution. (l1) As provided in Section 1.08(a), assist 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 non-governmental agencies and intermediaries. (m) Make periodic evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee in designing an adequate and appropriate public relations program.

Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager shall on behalf of Lessee supervise, conduct, and manage all aspects of the 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 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, and charges for supplies, medication and special services. (b) Hire or lease on behalf of Lessee as Lessee's employees 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 excluding an administrator of the Facility (who will be an employee of the "Administrator") Manager but whose compensation will be paid out of the revenues of the Facility), and shall promote, direct, assign and discharge all such employees on behalf of Lessee at Manager's reasonable sole discretion; provided. All such employees, however, that leased employees shall be subject to other than the direction and control administrator of the lessor of such leased employees. All employees Facility, shall be employees of or leased by Lessee the Lessee, and all such employees, including the administrator of the Facility, shall be carried on the payroll of the Facility and shall not be deemed employees or agents of ManagerFacility. (bc) Institute and amend, 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. (cd) 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 incidental reports and claims related to revenue production. Subject to any rights in favor of Manager's accounts receivable lender, 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. (de) Orderorder, supervise and conduct a program of regular maintenance and repair, except that for any given year any physical improvement costing in the aggregate more than $5,000 above the approved annual budget per capita expenditures for such year shall be subject to approval of Lessee (such approval not to be unreasonably withheld). (ef) Purchase food, beverage, medical, cleaning and other supplies, equipment, furniture and furnishings for the account of Lessee. (fg) Administer, supervise and schedule all patient and other services of the Facility, including the operation of food, xxxxxx/beautician and other ancillary services. (gh) Provide necessary funds for and pay all of the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes (other than taxes on or measurable by Lessee's income taxes), insurance premiums, and all other obligations of the Facility. (hi) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (ij) Obtain obtain and maintain insurance coverage for the Facility naming Lessee, Manager and such other persons requested by Lessee as insureds insured as provided in Section 5.01 5.1 hereof. (jk) Negotiate and enter into, in the name of and on behalf of Lessee, into such agreements, contracts leases, contacts and orders as Manager it may deem necessary or advisable, for the furnishing of services (including medical, pharmacy and medical 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, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to Lessee, negotiate on behalf of Lessee (and in conjunction with Lessee's counsel) with any labor union lawfully entitled to represent employees of Lessee who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee for its approval and execution. (l) As provided in Section 1.08(a), assist in maintaining Maintain all licenses and permits required for the operation of the Facility, its contracts with third party payors and other similar governmental and nongovernmental non-governmental agencies and intermediaries. (m) Make periodic evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in facilities similar facilitiesto the Facility. (o) Advise and assist Lessee in designing Designing an adequate and appropriate public relations program. (p) Acquire at Manager's expense all items required to properly equip and operate the Facility which are not provided by Lessee which items shall remain the property of Manager regardless of whether or not attached to real property or constituting fixtures. (q) Engage counsel and cause such legal proceedings to be instituted as may be necessary 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. (r) Make available to the Lessee at the Facility, upon reasonable prior written notice from the Lessee, all books and records relating to the Facility.

Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager WelCare shall on behalf of Lessee 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 WelCare (either directly or through supervision of employees of the Facility) shall: (a) Hire or lease on behalf of Lessee Owner 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 Owner at ManagerWelCare's reasonable 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 Lessee the Owner and carried on the payroll of the Facility and shall not be deemed employees or agents of ManagerWelCare. (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 employeesOwner. 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 Owner hereby grants Manager WelCare the right to enforce LesseeOwner'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 physical improvements costing more than $3,000 shall be subject to approval of Owner. (e) Purchase food, beverage, medical, cleaning and other supplies, equipment, furniture and furnishings for the account of LesseeOwner, except that the purchase of any single item which costs more than $3,000 shall be subject to approval to 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 for the orderly payment (to the extent funds of Owner are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming LesseeOwner, Manager WelCare and such other persons requested by Lessee Owner as insureds as provided in Section 5.01 4.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of LesseeOwner, such agreements, contracts and orders as Manager WelCare may deem necessary or advisable, for the furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to Lessee, negotiate Negotiate on behalf of Lessee Owner (and in conjunction with LesseeOwner's counsel) with any labor union lawfully entitled to represent employees of Lessee Owner who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee Owner for its approval and execution. (l1) As provided in Section 1.08(a), assist 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 non-governmental agencies and intermediaries. (m) Make periodic evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee Owner in designing an adequate and appropriate public relations program.

Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager shall on behalf of Lessee 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 or lease on behalf of Lessee Owner 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 Owner 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 Owner 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 LesseeOwner; 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 Owner hereby grants Manager the right to enforce LesseeOwner'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 LesseeOwner. (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 for the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming LesseeOwner, Manager Manager, any mortgagees of the Facility and such other persons requested by Lessee Owner as insureds as provided in Section 5.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of LesseeOwner, such agreements, contracts and orders as Manager may deem necessary or advisable, for the furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to LesseeOwner, negotiate on behalf of Lessee Owner (and in conjunction with LesseeOwner's counsel) with any labor union lawfully entitled to represent employees of Lessee Owner who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee Owner for its approval and execution. (l) As provided in Section 1.08(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 evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee Owner in designing an adequate and appropriate public relations program.

Management of Facility. During the term of this Agreement and subject to the terms and conditions of this Agreement, Manager shall on behalf of Lessee Owner manage all certain aspects of the operation of the Facility. Manager may perform such services directly, 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 Employees of the Facility) shall:, or by subcontracting such performance (including, without limitation, subcontracts with affiliates or subsidiaries of Centennial HealthCare Corporation, Manager's parent corporation), as Manager deems fit, and upon such terms and conditions as Manager shall determine in its sole discretion. (a) Hire or lease on behalf of Lessee Owner 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 Owner at Manager's reasonable 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 Lessee Owner 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 LesseeOwner; 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 Owner hereby grants Manager the right to enforce LesseeOwner'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 LesseeFacility. (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 for the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming LesseeOwner, Manager and such other persons requested by Lessee Owner and Manager as insureds as provided in Section 5.01 6.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of LesseeOwner, such agreements, contracts and orders as Manager may deem necessary or advisable, for the furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to LesseeOwner, negotiate on behalf of Lessee Owner (and in conjunction with LesseeOwner's counsel) with any labor union lawfully entitled to represent employees of Lessee Owner who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee Owner for its approval and execution. (l) As provided in Section 1.08(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 evaluations of the performances of all departments of the Facility. (n) DesignNegotiate and arrange for the sale or refinancing of the Facility to Manager or an affiliate of Manager or to a third party, establish and maintain provided any sale of the Facility shall be for a suitable accounting system using accounts and classifications consistent with those used purchase price equal to or greater than the Option Price set forth in similar facilitiesSection 3.03 of this Agreement. (o) Advise and assist Lessee in designing an adequate and appropriate public relations program.

Management of Facility. During the term of this Agreement and subject to the terms of this Agreement, Manager shall on behalf of Lessee 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 or lease on behalf of Lessee Owner 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 Owner 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 the Owner 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 LesseeOwner; 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 Owner hereby grants Manager the right to enforce LesseeOwner'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 LesseeOwner. (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 for the orderly payment (to the extent funds are available therefor) of accounts payable, employee payroll, amounts due on short and long-term indebtedness, taxes, insurance premiums, and all other obligations of the Facility. (h) Institute standards and procedures for admitting patients, for charging patients for services, and for collecting the charges from the patients or third parties. (i) Obtain and maintain insurance coverage for the Facility naming LesseeOwner, Manager and such other persons requested by Lessee Owner as insureds insured as provided in Section 5.01 hereof. (j) Negotiate and enter into, in the name of and on behalf of LesseeOwner, such agreements, contracts and orders as Manager may deem necessary or advisable, for the furnishing of services, concessions and supplies for the operation and maintenance of the Facility, including, without limitation, agreements for the provision of therapy and rehabilitation services, and medical supplies. (k) After notice to LesseeOwner, negotiate on behalf of Lessee Owner (and in conjunction with LesseeOwner's counsel) with any labor union lawfully entitled to represent employees of Lessee Owner who work at the Facility, but any collective bargaining agreement or labor contract must be submitted to Lessee Owner for its approval and execution. (l) As provided in Section 1.08(a1.07(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 evaluations of the performances of all departments of the Facility. (n) Design, establish and maintain a suitable accounting system using accounts and classifications consistent with those used in similar facilities. (o) Advise and assist Lessee Owner in designing an adequate and appropriate public relations program.