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ARTICLE II <br /> <br />LEASED PREMISES; TERM OF LEASE; PURPOSE <br /> <br /> Section 2.1. Leased Premises and Possession. In consideration of the Basic Rent, <br />Additional Payments and other amounts for which provision is made herein, and of the <br />covenants, agreements and obligations, and in reliance upon the representations and warranties, <br />of the Lessee herein, the City covenants and agrees to lease, and hereby leases, the Leased <br />Premises to the Lessee, and the Lessee hereby leases the Leased Premises from the City, subject <br />to the provisions of this Lease and the Permitted Encumbrances, <br /> <br /> TO HAVE AND TO HOLD the Leased Premises unto the Lessee for the Lease <br />Term. <br /> <br /> Possession of the Leased Premises shall be delivered and accepted upon the <br />commencement of the Lease Term. <br /> <br /> Section 2.2. Purpose,. During the Lease Term, the Lessee, as between itself and <br />the City, has sole and exclusive charge of the operation, maintenance, management, use, <br />occupancy, and repair of the Leased Premises (unless there is an Event of Default. and the <br />Lessee has been excluded from possession of the Leased Premises hereunder), and the Lessee <br />will manage, administer, maintain and operate so much of the Leased Premises as from time to <br />time are Hospital Facilities as Hospital Facilities as contemplated by. the Act and all of the <br />Leased Premises in accordance with the terms of this Lease for the service of the general public, <br />without discrimination by reason of race, sex, creed, color or national origin; provided th.a.t, <br />subject to compliance with the requirements of this Lease, nothing in this Section or in this <br />Lease is intended to prevent the Lessee from entering into affiliations with other healthcare <br />providers, insurers or reimbursers and as part of such affiliation ceding to others the right to <br />control or direct activities of the Lessee or to take control of the Lessee in specified <br />circumstances. <br /> <br /> Section 2.3. Assumption of Liabilities. Lessee has assumed and, except for furore <br /> Bond Service Charges, paid all existing obligations and liabilities of the City and the Hospital <br /> Trustees whether fixed or contingent, lmown or unknown, associated with or arising out of the <br /> City's ownership of the Leased Premises and the Hospital Trustees' prior operation of the <br /> Leased Premises. Lessee further agrees to pay ail furore obligations and liabilities associated <br /> with the use, operation or ownership of the Leased Premises including future Bond Service <br /> Charges and to hold the City and the Hospit~/1 Trustees harmless therefrom. <br /> <br /> Section 2.4. Assignment of Intangible Assets and Hospital Funds. In consideration <br /> of the promises and agreements made by the Lessee to the City in the Original Lease, for the <br /> purpose of paying a portion of the costs of Hospital Facilities, the costs of the management, <br /> operation, occupancy, use, maintenance, and repair of the Leased Premises, and the costs of <br /> programs, projects, activities and services useful to, connected with, supplementing, or <br /> otherwise related to the health care services provided and to be provided by Lessee and by the <br /> operation of the Leased Premises, the City did assign to Lessee all of the City's respective right, <br /> title and interest in and to (a) the Intangible Assets, (b) all moneys, accounts receivable, <br /> warranties and instruments comprising Hospital Funds and all proceeds realized therefrom and <br /> (c) inventory, supplies, materials, consumables and other property owned, accrued, held or <br /> received in connection with the Leased Premises prior to the Leased Premises initial leasing to <br /> the Lessee. All moneys, accounts, receivables and instruments which are held in trust or <br /> restricted to a particular purpose by the donor, shall be used, to the extent permitted by law, by <br /> the Lessee for the restricted purposes set forth in the instruments creating the trust or providing <br /> donations. <br /> <br />- 14- <br /> <br /> <br />