REDLANDS SURGICAL SERVICES - Page 11




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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