Common use of Other Receipts Clause in Contracts

Other Receipts. If the remittance advice indicates or the parties agree that any payment relates to periods both prior to or on and after the Effective Time, the party receiving the payment shall forward the amount relating to the other party’s operation of the Business, along with the applicable remittance advice, within thirty (30) days after receipt thereof. If the remittance advice does not indicate the period to which a payment relates or whether it is for Kindred or New Operator, or if there is no accompanying remittance advice, or the payment is not otherwise identifiable using commercially reasonable efforts, and if the parties do not otherwise agree as to how to apply such payment, then 100% of such payments received within the first thirty (30) days after the Effective Time shall be deemed to have been collected in respect of Kindred’s A/R due from the payee in respect of services provided on or prior to the Effective Time. All such payments received in excess of the amount of Kindred’s A/R due from said payee and all such payments received after the thirtieth (30th) day after the Effective Time shall be deemed to have been collected in respect of New Operator’s A/R from said payee. All such payments received by New Operator but which are deemed to be due Kindred under this Section 11.4 shall be forwarded by New Operator to Kindred within thirty (30) days after receipt thereof, and all such payments received by Kindred but which are deemed to be due New Operator under this Section 11.4 shall be forwarded by Kindred to New Operator within thirty (30) days after receipt thereof. All such payments received by Kindred which are deemed to have been collected in respect to Kindred’s A/R shall be retained by Kindred and all such payments received by New Operator which are deemed to have been collected in respect to New Operator’s A/R shall be retained by New Operator. New Operator shall pay to Kindred any and all reimbursements including retroactive rate adjustments, appeal settlements, and/or Cost Report settlements for all cost report periods with fiscal years ended prior to the Effective Time that it receives after the Effective Time. During the five (5) year period following the Effective Time, New Operator shall also make a good faith effort to reconcile its cost report reimbursements and/or settlements with documentation Kindred provides to New Operator regarding Kindred Bad Debt and shall pay to Kindred any and all reimbursements and/or settlements related to Kindred Bad Debt pursuant to Section 8.2.

Other Receipts. If the remittance advice indicates or the parties agree that any payment relates to periods both prior to and on or on and after the Effective TimeClosing Date, the party receiving the payment shall forward the amount relating to the other party’s operation of the Businessoperation, along with the applicable remittance advice, within thirty seven (307) days Business Days after receipt thereof. If the remittance advice does not indicate the period to which a payment relates or whether it is for Kindred Seller or New OperatorBuyer, or if there is no accompanying remittance advice, or the payment is not otherwise identifiable using commercially reasonable efforts, and if the parties do not otherwise agree as to how to apply such payment, then 100% of such payments received within the first thirty one hundred eighty (30180) days after the Effective Time Closing Date shall be deemed to have been collected in respect of KindredSeller’s A/R due from the payee in respect of services provided on or prior to the Effective TimeClosing Date. All such payments received in excess of the amount of KindredSeller’s A/R due from said payee and all such payments received after the thirtieth (30th) 180th day after the Effective Time Closing Date shall be deemed to have been collected in respect of New OperatorBuyer’s A/R from said payee. All such payments received by New Operator Buyer but which are deemed to be due Kindred Seller under this Section 11.4 12.4 shall be forwarded by New Operator Buyer to Kindred Seller within thirty seven (307) days Business Days after receipt thereof, and all such payments received by Kindred Seller but which are deemed to be due New Operator Buyer under this Section 11.4 12.4 shall be forwarded by Kindred Seller to New Operator Buyer within thirty seven (307) days Business Days after receipt thereof. All such payments received by Kindred Seller which are deemed to have been collected in respect to KindredSeller’s A/R shall be retained by Kindred Seller and all such payments received by New Operator Buyer which are deemed to have been collected in respect to New OperatorBuyer’s A/R shall be retained by New Operator. New Operator shall pay to Kindred any and all reimbursements including retroactive rate adjustments, appeal settlements, and/or Cost Report settlements for all cost report periods with fiscal years ended prior to the Effective Time that it receives after the Effective Time. During the five (5) year period following the Effective Time, New Operator shall also make a good faith effort to reconcile its cost report reimbursements and/or settlements with documentation Kindred provides to New Operator regarding Kindred Bad Debt and shall pay to Kindred any and all reimbursements and/or settlements related to Kindred Bad Debt pursuant to Section 8.2Buyer.

Other Receipts. If the remittance advice indicates or the parties Parties agree that any payment relates to periods both prior to or on and after the Effective Time, the party Party receiving the payment shall forward the amount relating to the other partyParty’s operation of the Business, along with the applicable remittance advice, as soon as reasonably practicable but in any event within thirty ten (3010) calendar days after receipt thereof. If the remittance advice does not indicate the period to which a payment relates or whether it is for Kindred Transferor or New OperatorTransferee, or if there is no accompanying remittance advice, or the payment is not otherwise identifiable using commercially reasonable efforts, and if the parties Parties do not otherwise agree as to how to apply such payment, then 100% of such payments received within the first thirty ninety (3090) days after the Effective Time shall be deemed to have been collected in respect of KindredTransferor’s A/R due from the payee in respect of services provided on or prior to the Effective Time. All such payments received in excess of the amount of KindredTransferor’s A/R Rs due from said payee and all such payments received after the thirtieth more than ninety (30th90) day days after the Effective Time shall be deemed to have been collected in respect of New OperatorTransferee’s A/R Rs from said payee. All such payments received by New Operator Transferee but which are deemed to be due Kindred Transferor under this Section 11.4 6.10 shall be forwarded by New Operator Transferee to Kindred Transferor as soon as reasonably practicable but in any event within thirty ten (3010) calendar days after receipt thereof, and all such payments received by Kindred Transferor but which are deemed to be due New Operator Transferee under this Section 11.4 6.10 shall be forwarded by Kindred Transferor to New Operator Transferee as soon as reasonably practicable but in any event within thirty ten (3010) calendar days after receipt thereof. All such payments received by Kindred Transferor which are deemed to have been collected in respect to KindredTransferor’s A/R Rs shall be retained by Kindred Transferor and all such payments received by New Operator Transferee which are deemed to have been collected in respect to New OperatorTransferee’s A/R Rs shall be retained by New OperatorTransferee. New Operator Transferee shall pay to Kindred Transferor any and all reimbursements including retroactive rate adjustments, appeal settlements, settlements and/or Cost Report settlements for all cost report periods with fiscal years ended prior to the Effective Time that it receives after the Effective TimeTime (but nothing herein creates an obligation of Transferee to pursue such funds on Transferor’s behalf). During the five (5) year period following the Effective Time, New Operator Transferee shall also make a good faith effort to reconcile its cost report Cost Report reimbursements and/or settlements with documentation Kindred Transferor provides to New Operator Transferee regarding Kindred Transferor Bad Debt and shall pay to Kindred Transferor any and all reimbursements and/or settlements related to Kindred Transferor Bad Debt pursuant to Section 8.26.11.