Common use of By Current and Future Clause in Contracts

By Current and Future. Physician Owners. On the earlier of one hundred eighty (180) days from the effective date of this Agreement, or on thirty (30) days after written request by Company, which written request includes a reasonable explanation or basis for the request, TOC shall obtain and enforce formal restrictive covenants with current and future Physician Owners, the terms of which shall be substantially similar to the provisions of Exhibit 11. Such agreements shall provide that Company is a third-party beneficiary to such agreements. TOC agrees to enforce the restrictive covenants. The cost and expense of such enforcement shall be a Clinic Expense, and all damages and other amounts recovered thereby shall be included in Professional Services Revenue. In the event that after a request by Company, TOC does not pursue any remedy that may be available to it by reason of a breach or default of a restrictive covenant, upon the request of Company, TOC shall assign to Company such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Company with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Company and shall be included in Company Expenses, and Company shall be entitled to all damages and other amounts recovered thereby. The above described restrictive covenants between TOC and Physician Owners shall be in addition to and not in place of the restrictive covenants described in Exhibit 11 between Company and the Physician Owners.

By Current and Future. Physician Owners. On the earlier of one hundred eighty (180) days from the effective date of this Agreement, or on thirty (30) days after written request by Company, which written request includes a reasonable explanation or basis for the request, TOC GCOA shall obtain and enforce formal restrictive covenants with current and future Physician Owners, the terms of which shall be substantially similar to the provisions of Exhibit 11. Such agreements shall provide that Company is a third-party beneficiary to such agreements. TOC GCOA agrees to enforce the restrictive covenants. The cost and expense of such enforcement shall be a Clinic Expense, and all damages and other amounts recovered thereby shall be included in Professional Services Revenue. In the event that after a request by Company, TOC GCOA does not pursue any remedy that may be available to it by reason of a breach or default of a restrictive covenant, upon the request of Company, TOC GCOA shall assign to Company such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Company with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Company and shall be included in Company Expenses, and Company shall be entitled to all damages and other amounts recovered thereby. The above described restrictive covenants between TOC GCOA and Physician Owners shall be in addition to and not in place of the restrictive covenants described in Exhibit 11 between Company and the Physician Owners.

By Current and Future. Physician Owners. On the earlier of one hundred eighty (180) days from the effective date of this Agreement, or on thirty (30) days after written request by Company, which such written request includes a reasonable explanation or basis for the request, TOC VERO II shall obtain and enforce formal restrictive covenants with current and future Physician Owners, the terms of which shall be substantially similar to the provisions of Exhibit 11. Such agreements shall provide that Company is a third-party beneficiary to such agreements. TOC VERO II agrees to enforce the restrictive covenants. The cost and expense of such enforcement shall be a Clinic Expense, and all damages and other amounts recovered thereby shall be included in Professional Services Revenue. In the event that after a request by Company, TOC VERO II does not pursue any remedy that may be available to it by reason of a breach or default of a restrictive covenant, upon the request of Company, TOC VERO II shall assign to Company such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Company with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Company and shall be included in Company Expenses, and Company shall be entitled to all damages and other amounts recovered thereby. The above described restrictive covenants between TOC VERO II and Physician Owners shall be in addition to and not in place of the restrictive covenants described in Exhibit 11 between Company and the Physician Owners.

By Current and Future. Physician Owners. On the earlier of one hundred eighty (180) days from the effective date of this Agreement, or on thirty (30) days after written request by Company, which written request includes a reasonable explanation or basis for the request, TOC ROAII shall obtain and enforce formal restrictive covenants with current and future Physician Owners, the terms of which shall be substantially similar to the provisions of Exhibit 11. Such agreements shall provide that Company is a third-party beneficiary to such agreements. TOC ROAII agrees to enforce the restrictive covenants. The cost and expense of such enforcement shall be a Clinic Expense, and all damages and other amounts recovered thereby shall be included in Professional Services Revenue. In the event that after a request by Company, TOC ROAII does not pursue any remedy that may be available to it by reason of a breach or default of a restrictive covenant, upon the request of Company, TOC ROAII shall assign to Company such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Company with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Company and shall be included in Company Expenses, and Company shall be entitled to all damages and other amounts recovered thereby. The above described restrictive covenants between TOC ROAII and Physician Owners shall be in addition to and not in place of the restrictive covenants described in Exhibit 11 between Company and the Physician Owners.