Common use of Acts of the Joint Planning Board Clause in Contracts

Acts of the Joint Planning Board. Except as otherwise specifically provided herein, the act of the members holding a majority of the voting power of the Joint Planning Board shall be the act of the Joint Planning Board. The Group agrees that, unless the following are approved in advance by the Joint Planning Board and such act of the Joint Planning Board includes the approval by both of the members designated by Administrator, it shall take no action or implement any decision that would (i) require Administrator to expend funds or incur obligations beyond those set forth under Sections 3.5 or 5.2 of this Agreement; (ii) have a material adverse effect on the amount of Administrator's management fee under Article VII; or (iii) otherwise have a material adverse effect on Administrator's financial interests under this Agreement. Except as provided in the prior sentence, the Group and Administrator hereby agree to be bound by the act of the Joint Planning Board if such act was approved by the members holding at least a majority of the voting power of the Joint Planning Board. No action of the Joint Planning Board shall be effective unless authorized by the members holding a majority of the voting power of the Joint Planning Board present or represented by proxy at the applicable meeting. In the event that a matter cannot be resolved by the Joint Planning Board due to a tie vote, and no compromise can be reached, then either (x) the Board of Directors of Parent or (y) a committee designated by the Board of Directors of Parent containing at least one (1) physician member will make a final determination on the matter in dispute provided that both the Group and Administrator shall have had an opportunity to make a presentation to the Board of Directors of Parent or a committee thereof, as applicable. A quorum of the Joint Planning Board shall consist of the members holding a majority of the voting power of the Joint Planning Board, present in person, by telephone, or by proxy and the quorum must remain for the duration of the meeting.

Appears in 16 contracts

Samples: Service Agreement (American Physician Partners Inc), Service Agreement (American Physician Partners Inc), Service Agreement (American Physician Partners Inc)

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Acts of the Joint Planning Board. Except as otherwise specifically provided herein, the act of the members holding a majority of the voting power of the Joint Planning Board shall be the act of the Joint Planning Board. The Group agrees that, unless the following are approved in advance by the Joint Planning Board and such act of the Joint Planning Board includes the approval by both of the members designated by AdministratorBoard, it shall take no action or implement any decision that would (i) require Administrator to expend funds or incur obligations beyond those set forth under Sections 3.5 or 5.2 of this Agreement; (ii) have a material adverse effect on the amount of Administrator's management fee under Article VII; or (iii) otherwise have a material adverse effect on Administrator's financial interests under this Agreement. The Administrator and Parent agree that, unless the following are approved in advance by the Joint Planning Board, they shall take no action or implement any decision that would (a) have a material adverse effect on the balance due to the Group under Article VII; or (b) otherwise have a material adverse effect on the Group's financial interests under this Agreement. Except as provided in the prior sentencetwo sentences, the Group and Administrator hereby agree to be bound by the act of the Joint Planning Board if such act was approved by the members holding at least a majority of the voting power of the Joint Planning Board. No action of the Joint Planning Board shall be effective unless is authorized by the members holding a majority of the voting power of the Joint Planning Board present or represented by proxy at the applicable meeting. In the event that a matter cannot be resolved by the Joint Planning Board due to a tie vote, and no compromise can be reached, then either (x) the Board of Directors of Parent or (y) a committee designated by the Board of Directors of Parent containing at least one (1) physician member will make a final determination on the matter in dispute provided that both the Group and Administrator shall have had an opportunity to make a presentation to the Board of Directors of Parent or a committee thereof, as applicable. A quorum of the Joint Planning Board shall consist of the members holding a majority of the voting power of the Joint Planning Boardpower, present in person, by telephone, or by proxy and the quorum must remain for the duration of the meeting.

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

Acts of the Joint Planning Board. Except as otherwise specifically provided herein, the act of the members holding a majority of the voting power of the Joint Planning Board shall be the act of the Joint Planning Board. The Group agrees that, unless the following are approved in advance by the Joint Planning Board and such act of the Joint Planning Board includes the approval by both of the members designated by Administrator, it shall take no action or implement any decision that would (i) require Administrator to expend funds or incur obligations beyond those set forth under Sections Section s 3.5 or 5.2 of this Agreement; (ii) have a material adverse effect on the amount of Administrator's ’s management fee under Article VII; or (iii) otherwise have a material adverse effect on Administrator's ’s financial interests under this Agreement. Except as provided in the prior sentence, the Group and Administrator hereby agree to be bound by the act of the Joint Planning Board if such act was approved by the members holding at least a majority of the voting power of the Joint Planning Board. No action of the Joint Planning Board shall be effective unless authorized by the members holding a majority of the voting power of the Joint Planning Board present or represented by proxy at the applicable meeting. In the event that a matter cannot be resolved by the Joint Planning Board due to a tie vote, and no compromise can be reached, then either (x) the x)the Board of Directors of Parent or (y) a y)a committee designated by the Board of Directors of Parent containing at least one (1) physician member will make a final determination on the matter in dispute provided that both the Group and Administrator shall have had an opportunity to make a presentation to the Board of Directors of Parent or a committee thereof, as applicable. A quorum of the Joint Planning Board shall consist of the members holding a majority of the voting power of the Joint Planning Board, present in person, by telephone, or by proxy and the quorum must remain for the duration of the meeting.

Appears in 1 contract

Samples: Service Agreement (Radiologix Inc)

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Acts of the Joint Planning Board. Except as otherwise specifically provided herein, the act of the members holding a majority of the voting power of the Joint Planning Board shall be the act of the Joint Planning Board. The Group agrees that, unless the 24 30 following are approved in advance by the Joint Planning Board and such act of the Joint Planning Board includes the approval by both of the members designated by Administrator, it shall take no action or implement any decision that would (i) require Administrator to expend funds or incur obligations beyond those set forth under Sections 3.5 or 5.2 of this Agreement; (ii) have a material adverse effect on the amount of Administrator's management fee under Article VII; or (iii) otherwise have a material adverse effect on Administrator's financial interests under this Agreement. Except as provided in the prior sentence, the Group and Administrator hereby agree to be bound by the act of the Joint Planning Board if such act was approved by the members holding at least a majority of the voting power of the Joint Planning Board. No action of the Joint Planning Board shall be effective unless authorized by the members holding a majority of the voting power of the Joint Planning Board present or represented by proxy at the applicable meeting. In the event that a matter cannot be resolved by the Joint Planning Board due to a tie vote, and no compromise can be reached, then either (x) the Board of Directors of Parent or (y) a committee designated by the Board of Directors of Parent containing at least one (1) physician member will make a final determination on the matter in dispute provided that both the Group and Administrator shall have had an opportunity to make a presentation to the Board of Directors of Parent or a committee thereof, as applicable. A quorum of the Joint Planning Board shall consist of the members holding a majority of the voting power of the Joint Planning Board, present in person, by telephone, or by proxy and the quorum must remain for the duration of the meeting.

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

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