Net Income Guarantee Contract Example (Page 7 of 11) in pdf

15.

Tax Exempt Financing. In the event requirements are imposed with respect to existing or

contemplated tax exempt financing for Medical Center, the Parties agree to amend this Agreement as Medical

Center may deem appropriate in order to maintain or obtain, as the case may be, the tax exempt status of such

financing (provided that the material payment and repayment terms and conditions of the Agreement remain

unchanged).

16.

Attorney’s Fees. In the event that either party institutes arbitration or other legal action against the

other regarding this Agreement or the collection of funds owed to Medical Center by Physician, the prevailing party

shall be entitled to reasonable attorney's fees.

17.

Omnibus Reconciliation Act. In the event Physician is determined to be a subcontractor under the

provisions of subparagraph (I) of §1861(v)(1) of the Social Security Act as added by Sec. 962 of the Omnibus

Reconciliation Act of 1980, Physician will, until the expiration of four years after the furnishing of services under

this contract, make available upon the request of the federal officials or their representatives this Agreement and

Physician’s books, documents and records as may be necessary to certify the nature and extent of the costs incurred

hereunder by Medical Center.

18.

Notices. All notices, requests, instructions, consents and other communications to be given

pursuant to this Agreement shall be in writing and shall be deemed received (i) on the same day if delivered in

person, by same-day courier or by telegraph, telex, or facsimile transmission, (ii) on the next day if delivered by

overnight mail or courier, or (iii) on the date indicated on the return receipt, on the third calendar day (excluding

Sundays) if delivered by certified or registered mail, postage pre-paid, to the party for whom intended. Either party

may, by written notice given to the other in accordance with this Agreement, change the address to which notices to

such party are to be delivered. All notices or requests to either Party shall be made to the following addresses:

If to Medical Center:

Hospital Medical Center

One Way Lane

XXXXXXXX

Attn: XXXXXXXXX

XXXX

Facsimile: _______________

If to Physician:

XXXXXXX XXXXXXXX, M.D.

YYYYYYYYYYY

YYYYY Place, Suite YYYY

ZZZZZZ, ZZZZZ 12345

Attn: ____________________

Facsimile: _______________

with a copy to:

____________________

Attn:

Facsimile:

19.

Severability. If any provision of this Agreement is declared illegal or unenforceable, the other

provisions of this Agreement shall remain in full force and effect.

20.

Headings. The section headings contained in this Agreement are inserted for convenience only

Net Income Guarantee Contract Example Page 7

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