1980 - 08-18-80 Regular Meeting - Laserfiche WebLink

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goon. 9. ~cE 760 LEE COUNTY, NORTH CAROLINA July 25, 1980 American Medical International, Inc., and Amisub of North Carolina, Inc. 414 !7orth Camden Drive Beverlv Hills, CA 90210 Agreement dated as of Mav 8, 1979 Dear Sirs: Reference is made to the Agreement dated as of May 8, 1979 (the "Agreement"), among you, American Medical International, Inc. ("A.1 nI"), and Amisub of North Carolina, Inc. ("ANC"), and Lee County Hospital, Incorporated, and the undersigned, Lee County, North Carolina ("Lee County"). Section 2.2(c) of the Agreement provides, in pert?nent part, ANC that :nom and after the closing ) shall pav Lee County the remaining balance due under the Hill-Burton program in connection with the present [Lee County] Hospital as said balance becomes due and payable". Anything in the Agreement to the contrary notwith- standing, Lee County agrees as follows: (1) ANC shall be under no obligation to pay Lee County the remaining balance due under the Hill-Burton program in connection with the present Hospital, even if such balance has become due and payable or Lee County has received an invoice or other demand for ^ payment with respect thereto; provided, (a) Ai4I or puts on a defense to such claim ('the "defense.") promptly, after receiving from Lee County notice with respect thereto, (b) the amount of such balance has not been determined by the final order of a court of competent jurisdiction, all appeals having been exhausted (or the time to appeal having expired.), and (c) no settlement binding upon Lee County to which AM-, or ANC shall be a party or to which either of them has concurred shall have been entered into. (2) M4I and ANC, jointly and severally, shall assume sole financial responsibility for the defense. Lee County shall cooperate, in every reasonable way and at the expense of AMI and ANC, in