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2� 1 ��438 def�ciencies, provided however, in no event shall �perator implement an.y reco�nmendat�ons that are in conf��ct w�th Pragram �bligations or otherwise not in c�mplian.ce with this Agreement or any other legal requirer�ents. �d} HUD's c�ecisi�n to r�quire or not require the engagement of a Consultant is within HUD's so�e d�seret��n a�d such decisi�n s�a�l not affect or�imit any of HUI]'s ather rights and remedies, nor cause HUD t� be deemed the op�rator of the Healthcare Faci��ty. 7. RISI�MANA�EMENT PR�GRAM. In accordance with Program �b�igati�ns, �perator shall implement and maintain a risk manag�ment program whi�h �nc�rp�rates a rea�- time incxdent report�ng and tracking system that inf�rms �perator's seniar management of aII incid�nts with the potential t� expose the �perator ta 1�abi�ity for p�rsana� �njury or other damages. Each incident must be rev�ewed by �perator's appropriately-trained prafessiona� staff, and such staff must fo��ovv-up on incidents as necessary. The r�sk management program must inc�u�e appra�riate train�ng far �perat�r's staff. �. N�TI�E �F VI�LATI�N AND EVENT �F DEFAULT. (a} Subj ect to subsection(c� bel�vv, upon any violati�n of any provision of this Agreement by �perator, HUD may g�ve written notice ("Notic� of Violat�on"�thereof to �perator, with a Copy to Borr�wer and Lender. �perator shal�have thirty (3�} days following rec�ipt of such notice in Which to �ure any such violation, provided that HUD shall extend such thirty �3�} day p�ri�d by such time as HUD may reasonab�y determine xs necessary to �orrect the vzolation f�r so �ong as, HUD determines, in its reasonable d�screti�n, that: �i� Borrower�s timely satisfying all payment ob�igat�ons in the Loan Documents; (i�} r�one of the Permits and Approvals material to the operati�n of the Healthcare Facility is at substantial and imminent risk af being terminated, suspended or otherwise restricted in such a way that such terminat�on, suspension�r restriction would have a materia�ly adverse effect on the operati�n of the Healthcare Fac��ity; (i�i) such violation cannot reas�nably he c�rrected dur�ng such thirty �3�} day per�od, but can reasonably b� c�rrected in a timely manner, and (iv� cure is comrnenced durzng such th�rty (3�� day period and thereafter diligentiy ar�d continuously pursued. If upon the expirati�n af such cure�eriod, th�violation has n�t been cured to HUD's satisfactian, HUD may, vvithaut further notice, de�lare an Event of Default. �b} Upon declaring an Event of I]efault hereunder, HUD may w�thout��m�tation: (i} Terminate or cause the t�rmination of any B�rrower-�perator Agr�ement, seek the appaintment�f a receiver for the Healthcare Facility, andlor require Borrower to immediate�y pracure a replacem�nt operator (including an int�rim operator where appropriate}. (ii} Apply to any court, state or fed�rai, for specific performance �f this Agreement, for an inj unct�on against any vialati�n of this Agreement, or for such other relief as may be appropriate. Previous versions vbsoiete Page 8 form HUD-924fi�A-QRCF�Rev. �61��4} Replaces HUD-9�4�5-NHL