Common use of Per Procedure Payments Clause in Contracts

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 above, Hospital shall pay to GKF the sum of Eight Thousand Two Hundred Fifty Dollars ($8,250) for each "Procedure" that is performed by Hospital or its representatives or affiliates, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment"). As used herein, a "Procedure" means any treatment that involves stereotactic, external, single fraction, conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. GKF shall submit a rent invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures performed during the first and second half of the calendar month, respectively. Hospital shall pay the rent invoice within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent invoice which is not paid in full within forty-five (45) days after submission shall bear interest at the rate of one and one-half percent (1.50%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's receipt of written request by GKF, GKF shall have the right to audit Hospital's books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED that any patient names or identifiers shall not be disclosed.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum of Eight Thousand Two Hundred Fifty Dollars * for each Gamma Knife procedure. Hospital shall pay GKF this amount ($8,250the "Lease Payment") for each "Procedure" that is performed by Hospital or its representatives or affiliates, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. As used herein, a "Procedure" means any treatment that involves stereotactic, external, single fraction, conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. If no Gamma Knife procedures are performed by Hospital or any other person utilizing the Equipment, no rent payments shall be owing by Hospital to GKF. GKF shall submit a rent invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures performed during the first and second half of the calendar month, respectively. Hospital shall pay the rent invoice within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent invoice which is not paid in full within forty-five (45) days after submission shall bear interest at the rate of one and one-half percent (1.50%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's receipt of written request by GKF, GKF shall have the right to audit Hospital's books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED that any patient names or identifiers shall not be disclosed.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum of Eight Thousand Two Hundred Fifty Dollars ($8,250) * for each "Procedure" that is performed by Hospital or its representatives or affiliates, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. As used herein, a "Procedure" means any treatment that involves stereotactic, external, single fraction, conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. The parties acknowledge that the foregoing rent payment constitutes a fair market value rental rate. Within ten (10) days following the end of each month (or portion thereof) during the term of this Agreement, Hospital shall inform GKF in writing as to the number of Procedures performed during that month utilizing the Equipment and any other equipment or devices. If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment or devices, no rent payments shall be owing by Hospital to GKF. GKF shall submit a rent invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed utilizing the Equipment and any other equipment or devices during the first and second half of the calendar month, respectively. Hospital shall pay the rent invoice within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent invoice which is not paid in full within forty-five (45) days after submission shall bear interest at the rate of one and one-half percent (1.50%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If Subject to Section 20.1.1 below, if GKF shall at any time accept a rent payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's receipt of written request by GKF, GKF shall have the right to audit Hospital's books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) during normal business hours to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED provided that any patient names or identifiers shall not be disclosed.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum of Eight Thousand Two Five Hundred Fifty Dollars ($8,2508,500.00) for each "“Procedure" ” that is performed by Hospital or its representatives or affiliates, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. As used herein, a "“Procedure" ” means any treatment that involves stereotactic, external, single fraction, conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. The parties acknowledge that the foregoing rent payment constitutes a fair market value rental rate. Within ten (10) days following the end of each month (or portion thereof) during the term of this Agreement, Hospital shall inform GKF in writing as to the number of Procedures performed during that month utilizing the Equipment and any other equipment or devices. If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment or devices, no rent payments shall be owing by Hospital to GKF. GKF shall submit a rent invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed utilizing the Equipment and any other equipment or devices during the first and second half of the calendar month, respectively. Hospital shall pay the rent invoice within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent invoice which is not paid in full within forty-five (45) days after submission shall bear interest at the rate of one and one-half percent (1.50%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If Subject to Section 20.1.1 below, if GKF shall at any time accept a rent payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's ’s rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's ’s receipt of written request by GKF, GKF shall have the right to audit Hospital's ’s books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) during normal business hours to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED provided that any patient names or identifiers shall not be disclosed.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum as set forth in Exhibit 8 of Eight Thousand Two Hundred Fifty Dollars this Agreement. ($8,250) the “Lease Payment”). Hospital shall pay the Lease Payment for each "“Procedure" ” that is performed completed by the Hospital or its representatives or affiliatesaffiliates at the Site, as defined in Section 5.1, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. As used herein, the term a "“Procedure" ” means any treatment that involves stereotactic, using external, single fraction, conformal radiation, commonly called stereotactic radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. Hospital’s obligation to make Lease Payments pursuant to this Section shall be expressly limited by Section 8.2, 8.3 and 8.4 hereof. If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment devices at the Hospital, Hospital shall not owe any Lease Payment to GKF. GKF shall submit a rent an invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed during the first and second half of the calendar month, respectively. The Hospital shall pay invoices received during the rent invoice initial three (3) months following the First Procedure Date within sixty (60) days after receipt of such invoices by the Hospital. For invoices received by the Hospital following the initial three (3) months following the First Procedure Date, the Hospital shall pay invoices within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent an invoice which is not paid in full within forty-five (45) days after submission (with respect to invoices provided after the initial three (3) months following the First Procedure Date) or seventy (75) days after submission (with respect to invoices provided during the initial three (3) months following the First Procedure Date) shall bear interest at the rate of the lesser of one and one-half percent (1.501.0%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment Lease Payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's ’s rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's ’s receipt of written request by GKF, GKF shall have the right to audit Hospital's ’s books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) relating solely to the Hospital’s provision of Procedures to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED records; provided that any patient names or identifiers shall not be disclosed. GKF shall not have access to nor shall it directly or indirectly access any “Patient Health Information” as such terms are defined by HIPAA. GKF agrees that it shall execute such documents and agreements as may be reasonably required by Hospital to assure compliance with HIPAA. In the event a Procedure is not completed due to a technical problem with the Equipment, the Hospital will not be charged a Lease Payment for such Procedure.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum of Eight Thousand Two Hundred Fifty Dollars applicable per procedure payments set forth in Exhibit "B" attached to this Amendment Three ($8,250the “Lease Payment”) for each and every "Procedure" that is performed completed by Hospital or Hospital, its representatives or representatives, affiliates, joint ventures and/or partnerships, on an inpatient or outpatient basis, or “under arrangement” (as used in the Medicare billing context), and irrespective of whether the Procedure is performed on using the Equipment or using any other equipment or devices (in lieu of, or as an alternative to, the "Lease Payment")Equipment, and includes, without limitation, any and all related treatment planning and delivery, imaging and other ancillary services. As used herein, a "the term “Procedure" ” means any treatment that involves stereotactic, external, single fractionor up to and including five (5) fractions(s), conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. “If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment devices, Hospital shall not owe any Lease Payment to GKF. In the event a Procedure is not completed due to a technical problem with the Equipment, the Hospital will not be charged a Lease Payment for such Procedure. GKF shall submit a rent an invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed during the first and second half of the calendar month, respectively. The Hospital shall pay the rent invoice invoices received within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent an invoice which is not paid in full within forty-forty five (45) days after submission shall bear interest at the rate of the lesser of one and one-half percent (1.501.0%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment Lease Payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's ’s rights under this Agreement, including the rights of GKF set forth in Section 20 hereofof the Agreement. [*****] Text Omitted for Confidential Treatment. The redacted information has been excluded because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. “Within ten (10) days after Hospital's ’s receipt of written request by GKF, at its sole cost and expense, GKF shall have the right to audit Hospital's ’s applicable books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) during normal business hours to verify the number of Procedures that have been performed by HospitalHospital or its agents, representatives, affiliates, joint ventures and/or partnerships utilizing the Equipment and/or any other equipment or devices, and Hospital shall provide GKF (or cause GKF to be provided) with access to such applicable books and records; PROVIDED provided that any patient names or identifiers shall not be disclosed. Such audit shall take place no more than one time in a twelve month period and at a date and time mutually agreed upon between Hospital and GFK. GKF shall not have access to nor shall it directly or indirectly access any “Patient Health Information” as such terms are defined by HIPAA. GKF agrees that it shall execute such documents and agreements as may be reasonably required by Hospital to assure compliance with HIPAA.”

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum of Eight Thousand Two Hundred Fifty Dollars * for each Procedure. Hospital shall pay GKF this amount ($8,250the “Lease Payment”) for each "“Procedure" ” that is performed by Hospital or its representatives or affiliatesits employees or affiliated health care entities, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. It is acknowledged that a physician that is not employed by Hospital shall not be deemed to be a representative or affiliated health care entity of Hospital. As used herein, a "“Procedure" ” means any treatment that involves stereotactic, external, single fraction, conformal radiation, commonly called radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. Within ten (10) days following the end of each month (or portion thereof) during the term of this Agreement, Hospital shall inform GKF in writing as to the number of Procedures performed during that month utilizing the Equipment and any other devices. If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment or devices, no Lease Payments shall be owing by Hospital to GKF. GKF shall submit a rent invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed during the first and second half of the calendar month, respectively. Hospital shall pay the rent invoice within thirty forty five (3045) days after submission by GKF to Hospital. All or any portion of a rent invoice which is not paid in full within forty-five sixty (4560) days after submission shall bear interest at the rate of one and one-half percent (1.50%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's ’s rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. In the event the Equipment cannot perform Gamma Knife procedures for fourteen (14) consecutive days due to Equipment malfunction, the Hospital will not be required to pay Lease Payments for Procedures performed on alternative Equipment during the period subsequent to the 14th day until the Equipment malfunction is repaired by GKF. Within ten (10) days after Hospital's ’s receipt of written request by GKF, GKF shall have the right to audit Hospital's ’s books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED provided that any patient names or identifiers shall not be disclosed.

Per Procedure Payments. As rent for the lease of the Equipment to Hospital pursuant to this Agreement and in consideration for GKF's reimbursement of the amounts set forth in Section 7 aboveAgreement, Hospital shall pay to GKF the sum as set forth in Exhibit 8 of Eight Thousand Two Hundred Fifty Dollars this Agreement. ($8,250) the “Lease Payment”). Hospital shall pay the Lease Payment for each "“Procedure" ” that is performed completed by the Hospital or its representatives or affiliatesaffiliates at the Site, as defined in Section 5.1, irrespective of whether the Procedure is performed on the Equipment or using any other equipment or devices (the "Lease Payment")devices. As used herein, the term a "“Procedure" ” means any treatment that involves stereotactic, using external, single fraction, conformal radiation, commonly called stereotactic radiosurgery, that may include one or more isocenters during the patient treatment session, delivered to any site(s) superior to the foramen magnum. Hospital’s obligation to make Lease Payments pursuant to this Section shall be expressly limited by Section 8.2, 8.3 and 8.4 hereof. * Confidential material has been omitted in accordance with rule 24b-2. If no Procedures are performed by Hospital or any other person utilizing the Equipment or any other equipment devices at the Hospital, Hospital shall not owe any Lease Payment to GKF. GKF shall submit a rent an invoice to Hospital on the fifteenth (15th) and the last day of each calendar month (or portion thereof) for the actual number of Gamma Knife procedures Procedures performed during the first and second half of the calendar month, respectively. The Hospital shall pay invoices received during the rent invoice initial three (3) months following the First Procedure Date within sixty (60) days after receipt of such invoices by the Hospital. For invoices received by the Hospital following the initial three (3) months following the First Procedure Date, the Hospital shall pay invoices within thirty (30) days after submission by GKF to Hospital. All or any portion of a rent an invoice which is not paid in full within forty-five (45) days after submission (with respect to invoices provided after the intial three (3) months following the First Procedure Date) or seventy (75) days after submission (with respect to invoices provided during the initial three (3) months following the First Procedure Date) shall bear interest at the rate of the lesser of one and one-half percent (1.501.0%) per month (or the maximum monthly interest rate permitted to be charged by law between an unrelated, commercial borrower and lender, if less) until the unpaid rent invoice together with all accrued interest thereon is paid in full. If GKF shall at any time accept a rent payment Lease Payment from Hospital after it shall become due, such acceptance shall not constitute or be construed as a waiver of any or all of GKF's ’s rights under this Agreement, including the rights of GKF set forth in Section 20 hereof. Within ten (10) days after Hospital's ’s receipt of written request by GKF, GKF shall have the right to audit Hospital's ’s books and records (including, without limitation, the books and records pertaining to any other radiosurgery equipment or devices) relating solely to the Hospital’s provision of Procedures to verify the number of Procedures that have been performed by Hospital, and Hospital shall provide GKF with access to such books and records; PROVIDED provided that any patient names or identifiers shall not be disclosed. GKF shall not have access to nor shall it directly or indirectly access any “ Patient Health Information” as such terms are defined by HIPAA. GKF agrees that it shall execute such documents and agreements as may be reasonably required by Hospital to assure compliance with HIPAA. In the event a Procedure is not completed due to a technical problem with the Equipment, the Hospital will not be charged a Lease Payment for such Procedure.