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2� 1 ��43� issuing regu�atary agency. The receipt by HUD andlor Lender of natices, rep�rts, surveys, corresp�ndence and at�ier in�ormation s�al�not in any way�mpos� any obligation ar liab�Iity on HUI�, the Lender��their respective agents, repre�entatives or designees to ta�e or r�frain fram tak�ng any action, and HUD, Lender and their respective agents, representatives and designees shall have no liabi��ty for any failure to act thereon or as a resu�t thereof. Z�. �PERAT�R; �U�PERATI�N I� CHAN�E �F �PERAT�R, �a} Un�ess B�rrower xs itse�f the ��censed operator of the Healthcare Faci��ty, BorroWer has or shall enter into and maintain the Borr�wer-�p�rator Agreement in such form as approved by HUD. Any �perator �inc�uding Borrower} must be approved by HUD and shal� execute a Healthcare Regulatory Agre�ment—��erator�Form HUD-9�4d�A-�R�F) upon such terms as are acceptable to HUD and an �perator S�curity Agreement �Form HLJD-9�323-�R�F} and deposit account c�ntrol agreements in form and substance sat�sfactory t� HUD and Lender. If Barrower is or becomes �perator, Borrower sha�� ex�cute a Healthcare Regu�ator�Agreement —�perator tF�rm HUD-924d�A-�R�F}upon terms acce�table to HUD and an�perator Security Agreement �Form HUI�-9�323-�R�F} and depasit account control agreements in forrn and substance satisfactory to HUD and Lender. �b] Borrower shall require �perator to c�mply with the terms of the �perator's Regu�atory Agreement and sha11 set f�rth such r�quirements, or cause suGh requirernents to be set forth, in any B�rr�wer-�perator Agreement. �c} In the event that, consistent with th� �perator's Regulatory Agreem�nt HUD directs Borrower to term�nate any Borrower-�perator Agreement and procure a new�perator acceptable to HUI], Barr�wer shall expeditiausiy da so c�nsistent with the c�ntinued operat��n of the Healthcare Faci��ty for the Approved Use, and in coaperati�n with and subj ect to the requirernents of the necessary regulatory andlor funding entit�es. I]oing s� shall �n no way obviate the Borrower's obl�gation t� comply with a11 other terms of this Agreement or affect any enforcement action by HUD. �d} In th� event that B�rr�wer is itseif the �icensed operator of the Healthcare Faciiity and HUD determines that �i} any of the Permits and Approvals have been or are at substantial and imminent risk of being terminated, suspended ar atherwise restricted in such a way that the Proj ect could not be operated for the Approved Use, as evid�nced by, vvith�ut limitation, �etters of warning �r imp�sition of penalt�es from appl�cable state andlor federal r�gulatory andlor funding agencies, or�ii�the financia� v�ability af the Healthcare Facility �s at substantial and imminent risk, then, pursuant to Program �bligations and without prejudic�to any enforcement act�ons otherw�se set f�rth in this Agreement, HUI] may direct Borrower to retain the services of an operat�r acceptable to HUD. Upon such direction fram HUD, Barr�wer sha11 expeditiously do so. �e} With�ut pr�ar apprava� of HUI], the �p�ratar Lease shall n�t, and may n�t be amended to, contain any pr��isions that cause such Iease to be characterized as other than an Previous�ersions obsolete �age'19 of 3S form HUD-g24Sfi-�RCF �D6120'14}