FIRST AMENDMENT TO EQUIPMENT LEASE AGREEMENTEquipment Lease Agreement |
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AMERICAN SHARED HOSPITAL SERVICES | LEHIGH VALLEY HOSPITAL | GK FINANCING, LLC. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Exhibit 10.45a
FIRST AMENDMENT TO EQUIPMENT LEASE AGREEMENT
This
FIRST AMENDMENT TO EQUIPMENT LEASE AGREEMENT (this “Amendment”) is
dated November, 2006, and is entered into by and between GK FINANCING, LLC, a
California limited liability company (“GKF”), and LEHIGH VALLEY
HOSPITAL, a not-for- profit Pennsylvania hospital corporation
(“LVH”), with reference to the following facts:
Recitals:
WHEREAS,
GKF and LVH entered into an Equipment Lease Agreement dated May 28, 2003
(the “Lease”), pursuant to which LVH leases from GKF, a Leksell
Stereotactic Gamma Unit, Model C with Automatic Positioning System.
WHEREAS,
GKF and LVH desire to amend the Lease as set forth herein.
NOW
THEREFORE, in consideration of the mutual covenants, conditions and agreements
set forth herein, and for such other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
Agreement:
1. Defined
Terms. Unless otherwise defined herein, the capitalized terms used herein
shall have the same meanings set forth in the Lease.
2. Lease
Payment. In recognition of lower than anticipated reimbursement levels for
Procedures, the Lease Payment shall be reduced from the sum of * to the sum of
* for each Procedure that is performed on or after the “Effective
Date” by LVH or its representatives or affiliated health care entities,
irrespective of whether the Procedure is performed on the Equipment or using
any other equipment or devices. As used herein, the “Effective
Date” shall mean the first day of the month that immediately follows the
date of this Amendment.
3. Compliance
with Safe Harbor. GKF and LVH intend that the reduction to the Lease
Payment set forth above shall satisfy the requirements of the anti-kickback
safe harbor applicable to discounts contained in 42 C.F.R. § 1001.952(h).
In furtherance of the foregoing:
(i)
The discount shall be earned based on Procedures performed within a single
fiscal year of LVH.
(ii)
LVH must claim the benefit of the discount in the fiscal year in which the
discount is earned.
(iii)
LVH must fully and accurately report the discount in its applicable cost report
or in its separate claims for payment with the Department of Health and Human
Services or a State agency.
(iv)
LVH must provide, upon request by the Secretary of the Department of Health and
Human Services or a State agency, the information provided by GKF as specified
below.
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(v)
GKF shall fully and accurately report the existence of the discount on any
invoices or statements submitted to LVH. GKF hereby informs LVH of its
obligation to report such discount and to provide the requested information as
set forth above in this Section.
4. Full
Force and Effect. Except as amended by this Amendment, all of the terms and
provisions of the Lease shall remain in full force and effect.
5. Entire
Agreement. This Amendment, together with the Agreement constitutes the full
and complete agreement and understanding between the parties hereto concerning
the subject matter hereof.
IN
WITNESS WHEREOF, the parties have executed this Amendment effective as of the
date first written above.
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