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201604408
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7/3/2017 5:40:38 PM
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7/14/2016 11:39:01 AM
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DEEDS
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201604408
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improvements thereon or portion thereof to be used by Tenant or any occupant or tenant <br />thereof (other than Landlord or its affiliate which may lease space in the MOB from time <br />to time) for the following services without the express prior written approval of Landlord, <br />which approval, except as otherwise provided in the Lease, shall be at the sole discretion <br />of Landlord and may be withheld for any reason, reasonable or unreasonable, or for no <br />reason at all: (i) ambulatory surgery procedures (as defined in the list of Medicare - <br />covered ambulatory surgery procedures) or any other surgical or other procedures that <br />require a general anesthetic (as opposed to only a local anesthetic); (ii) physical therapy; <br />(iii) reference diagnostic imaging services (which include, without limitation, the <br />following: fluoroscopy, computerized tomography (CT), radiation therapy, <br />mammography and breast diagnostics, nuclear medicine testing, magnetic resonance <br />imaging and positive emission tomography); (iv) cardiac catheterization; and <br />(v) laboratory services, unless Landlord acknowledges in writing that laboratory services <br />are not available to Tenant or such occupants on a commercially reasonable basis at the <br />Hospital or any medically - related facility in Grand Island, Nebraska owned or operated <br />by Landlord or an affiliate; provided, however, that Landlord's consent shall not be <br />required for x -ray, plane film radiography and ultrasound services, and Landlord shall not <br />otherwise unreasonably withhold approval with respect to any other services identified <br />under subsections (i) through (v) above, with respect to tenants of the MOB or physician <br />employees of such tenants performing x -ray, plane film radiography or ultrasound <br />services or other services identified under subsections (i) through (v) as such services <br />relate to their own patients where such tenants or physician employees of such tenants are <br />the treating professionals and such services are provided incidental to any such tenants or <br />physician employees of such tenants use of the MOB to the extent such services are <br />customarily provided by a physician in the treatment of such physician's patients in the <br />ordinary and customary course of treatment within a physician office setting, provided <br />that such services (A) may be performed under applicable law in a physician office <br />setting, (B) are merely ancillary and incidental to such physician's primary medical <br />practice and do not constitute the physician's primary medical practice or specialty nor <br />the predominant services rendered by such physician to such physician's patients and <br />(C) such patients are not referred to such physician primarily for the purpose of obtaining <br />such services. <br />(b) ERD Restrictions. Landlord is an affiliate of Catholic Health Initiatives <br />( "CHI "), a Colorado nonprofit corporation, and the MOB is associated with the Hospital. <br />As long as (i) the Hospital or the Hospital Operator are an affiliate of CHI, or (ii) the <br />Land is owned, operated or managed by Landlord, or an affiliate of Landlord, or CHI, or <br />any other entity subject to Canon Law of the Roman Catholic Church, the Leased <br />Ground, or any part thereof leased hereunder (including, without limitation, the MOB), <br />will at all times hereafter be used in a manner materially consistent with the Ethical and <br />Religious Directives for Catholic Health Care Services, Fourth Edition, as promulgated <br />by the United States Conference of Catholic Bishops, as amended from time to time, and <br />as interpreted by the local bishop (the "ERDs "). The ERDs can be found at the following <br />website: <br />St. Francis Memorial Health Center, 2116 West Faidley Avenue, Grand Island Nebraska <br />53258573 <br />201604408 <br />
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