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being safely and efficaciously performed
in a non-hospital, outpatient setting.
(b) Unless otherwise approved by the
Managing Directors (whose actions in
matters under this Paragraph shall be
final and not subject to arbitration or
review, even if deadlocked), no
procedures or services currently
available to patients in the State of
California which are not listed on
Exhibit B shall be performed at the
Center (or by RHS, SCA or the Center
limited partnership, or an affiliate of
any of them, excluding the Hospital),
within the area set forth in Paragraph
16, unless and until such procedures or
services are performed or available on a
non-hospital, outpatient basis at a
majority of the free-standing outpatient
surgery facilities in Imperial, Kern,
Los Angeles, Orange, Riverside, San
Bernardino, San Diego and Ventura
Counties.
(c) With respect to new services or
procedures which first become available
in California during the term hereof,
such services or procedures shall not be
performed by RHS, SCA, the Center
limited partnership or an affiliate of
any of them in the area identified above
until the Managing Directors determine,
based on reliable medical evidence
and/or testimony, that such services and
procedures can be safely and
efficaciously performed on a non-
hospital, outpatient basis.
* * * * * * *
23. Assignment. Each Partner shall have the
right, without the prior approval of the
other and without triggering the provisions
of paragraph 14 hereof, to transfer or assign
all or any part of its interest in this
Partnership to an affiliated entity; * * *
in the event either Partner assigns its
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Last modified: May 25, 2011