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than 120 percent of the Aggregate Annual Hospital <br />Debt Service for such Year, then the Issuer shall <br />promptly employ an Independent Hospital Consultant <br />to make a written report setting forth recommenda- <br />tions as to revisions of the rates, fees, and <br />charges for the use of the Hospital Facilities or <br />revisions of the methods of operation of the <br />Hospital Facilities, which recommendations, if <br />followed, would result in the Issuer's achieving <br />the ratio between Net Income Available for Debt <br />Service and Aggregate Annual Hospital Debt Service <br />required under subsection (c) hereof. The Issuer <br />covenants and agrees that, promptly upon its <br />receipt of such recommendations, subject to appli- <br />cable restrictions or requirements imposed by law, <br />and subject further to the good faith determination <br />by the Board of Trustees of the Hospital that such <br />recommendations, in whole or in part, are in the <br />best interests of the Hospital Facilities, the <br />Issuer shall revise its rates, fees, and charges <br />and its methods of operation in accordance with <br />such recommendations. If the Board of Trustees of <br />the Hospital determines not to comply with such <br />recommendations, it shall file with the Trustee a <br />certified copy of a resolution of the Board of <br />Trustees determining not to comply and stating in <br />reasonable detail the reasons therefor. If the <br />Issuer complies with the recommendations of the <br />Independent Hospital Consultant in all material <br />respects, subject to applicable restrictions or <br />requirements imposed by la~, or if the Issuer <br />fails so to comply only to the extent that the <br />Board of Trustees shall have determined and the <br />Trustee shall have agreed that compliance would <br />not be in the best interests of the Hospital <br />Facilities, then the Issuer shall be deemed to <br />have complied with the covenants contained in <br />subsection (C) hereof for such Year, and the <br />Issuer's failure to achieve the required ratio in <br />such Year shall not constitute an Event of Default <br />under the Indenture. Furthermore, if the Indepen- <br />dent Hospital Consultant determines that the <br />Issuer's failure to achieve the required ratio in <br />such Year was attributable to any change in any <br />legal or governmental requirements, regulations or <br />policies applicable to the Hospital Facilities, to <br />the rates and charges for the use thereof, or for <br />the reimbursement of the Issuer therefor, or to <br />any change in any requirements, regulations, or <br />policies of any third-party reimbursing agency, or <br />if the Independent Hospital Consultant determines <br />that no reasonable change in the Issuer's rates, <br />fees, and charges cr methods of operation may be <br />expected to result in the Issuer's achieving the <br />required ratio, then the Issuer shall be deemed to <br />have complied with the covenants contained in <br />subsection (c) hereof for such Year, and the <br />Issuer's failure to achieve the required ratio in <br />such Year shall not constitute an Event of Default <br />under this Indenture. <br /> <br /> (e) As used in this Section 10, the <br />following terms shall have the following meanings: <br /> <br /> <br />