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<br /> remedy��es} imposed, and the timelines for �orrective actions. Then, unless otherwise requested
<br /> by HUI] or Lendery the next communi�ation from the �perator shall be notification that the
<br /> citations have been clear�d hy the issuing regulatory agency. The receipt by HUD a,ndlor Lender
<br /> of noti�es, reparts, surveys, �orrespondence and other inf�rmation sha11 n�t in any way impose
<br /> any obligation or liab�lity on HUI], Lender or their respeCtive agents, representatives or
<br /> designees to take �or refrain from taking} any action, and HUD, Lender and their respective
<br /> agents, representatives and designees shall have no �iability f�r any faiiure to act therean or as a
<br /> resu�t thereof.
<br /> �d� �perator shall at all times maintain in full force and effect the Permits and
<br /> Approva�s. W�th�ut the prior written consent of HZJD, �perator shall nnt c�nvey, assign,
<br /> encumber, transfer, relinquish or alier�ate fr�m the Project any of the Permits and Appr�val�.
<br /> �perator sha11 ensure that the Healthcare Facility is at all times operated in accordan�e with the
<br /> requirements of the Permits and Approvals, an.d that none of the Perm�ts and Apprnvals is placed
<br /> at r�sk of suspension, revocati�n, rescission, terminat�on ar �imitation, as evidenced by, without
<br /> limitation, any communication fr�m regulatory�r fund�ng entities so indicating.
<br /> (e� �]Vith�ut �imiting the generality of any �ther provision of th�s Agreement,
<br /> within tw� (�} Business I]ays after written request by HUD or Lender, �perator shall deliver to
<br /> HUD �r Lender, as applicabie, any financia� or �perational reports, or other inforrnation re�ating
<br /> to the perf�rmance of the Healthcaxe Faci�ity that HUD or Lender, respectively, each lri lt5
<br /> discretion, deems relevant to r�sk assessment, in�luding Without limitation any Medicare or
<br /> Medicaid cost reports. To the �xtent such reports or other inforrnatian indicate, in HUD's ar
<br /> Lender's respectiv� determination, that m�tigating action is ne�essary in order t� preserve the
<br /> Permits and Approvals or otherwise to provide for operation of the Healthcare Faci�ity in
<br /> a�C�rdan�e With Program �bl�gativns, �perator shall take such mitigating action immediately.
<br /> 4. PR�FESSI�NAL LIABILITY INSUR.AN�E. �perator shall maintain, andlor
<br /> cause to b� maintain�d, professional liab�lity insurance that �omplies W�th Program �bligations.
<br /> Annually, upon such time periods as set forth in Pr�gram �bligat�ons, �perator shall provide, or
<br /> cause to be pr�vided, to HUI] and Lender, a certifi�ation af compliaxiCe With such professional
<br /> liabx�ity insurance requirements, as appraved by HUD.
<br /> 5. ��NDITIUN �F THE HEALTH�ARE FA�ILITY.
<br /> (a} �perator shall maintain in de�ent, safe and sanitary conditi�n and gaod
<br /> repair th� Healthcare Fa�ility and any other parts of the Project f�r which �perator is responsible
<br /> for maintaining pursuant to any Borrower-�pera�or Agreement.
<br /> �b} �perator shall not remodel, reconstruct, add to, or demolish, vvith�ut prior
<br /> consent of HUD, any part of the Proj e�t or subtract from any r�ai or personal pr�perty of the
<br /> Proj ect, except in the ordinary course of business and which do nat materia�ly irnpair the value of
<br /> the Proj ect.
<br /> (c} �perator sha�1 not use any portinn af the Proj ect for any purpose except
<br /> the Approv�d Use.
<br /> Previvus versivns obso�ete Page�of'I B form HUD-9Z46fiA-�R�F �Rev.�8113}
<br /> Replaces HUD-924SS-NHL
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