The most interesting questions arise in the case of contracts in which either party can terminate the contract „for no reason“. These provisions are almost always accompanied by so-called „liquidated damages“ clauses, which provide for payment to the management company in the event of termination. If the management company has fulfilled its obligations under the contract but is terminated before the expiry of the contract, it is appropriate for the company to obtain compensation. It is important to negotiate this figure in advance and, preferably, advance a fixed amount that the owner can budget if the owner decides to regain control of the day-to-day operation of the hotel before the contract expires. The management company will likely require a termination payment based on the remaining term of the contract at the time of termination and the average monthly payment to the management company prior to termination. A typical provision would multiply the remaining months of the contract by a percentage of the average monthly fee earned by the management company prior to termination. The owner may also take control of the management company`s activities by requiring the approval of certain specific measures or the approval of certain contracts or contracts exceeding a predetermined limit. For example, the owner may require the right to authorize investments in excess of a certain amount or contracts if the amount to be spent under the contract exceeds a certain amount per year. The owner may decide to require consent to a marketing campaign or any other specific aspect of the operation that the owner believes justifies his contribution.

A certain degree of control is certainly justified if one considers that the owner will finance the performance by the management company of the obligations arising from the contract. MSOs could face several challenges in the near future. The aging baby boomer population and the increase in the number of chronic diseases affecting this cohort are expected to increase the number of people who will need health care services in the coming years, which could spur the growth of the PM33 sector. For example, fees charged by an MSO to a group of physicians must be at FMV and be economically reasonable so as not to violate federal and state anti-kickback, forte or corporate practice of Medicine (CPOM) laws34 Professional medical practices may also face an uncertain reimbursement environment, given that public bodies, including Medicare and Medicaid, may face volume-based reimbursement models. hseln.35 To cope with uncertain reimbursement policies, in addition to a potential increase in demand, healthcare facilities will likely need to be more efficient with the help of MSOs, which can be achieved in part by the introduction of HIT. . . .

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