Common use of Contract Modifications for Prospective Legal Events Clause in Contracts

Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the date hereof, are interpreted by judicial decision, a regulatory agency or legal counsel in such a manner as to indicate that this Agreement or any provision hereof may be in violation of such laws or regulations, the Orthodontic Entity, Orthodontist and Apple shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements between the Orthodontic Entity, Orthodontist and Apple and without substantial economic detriment to either party. To the extent any act or service required of Apple in this Agreement should be construed or deemed, by any governmental authority, agency or court to constitute the practice of orthodontics, the performance of said act or service by Apple shall be deemed waived and forever unenforceable and the provisions of this SECTION 10.6 shall be applicable. Neither party shall claim or assert illegality as a defense to the enforcement of this Agreement or any provision hereof; instead, any such purported illegality shall be resolved pursuant to the terms of this SECTION 10.6 and SECTION 10.10. In the event any governmental authority, agency or court institutes proceedings against Apple, the Orthodontic Entity or the Orthodontist challenging the legality, validity or enforceability of any provision of this Agreement, Apple agrees that the fees, expenses and disbursements of counsel engaged to represent Apple, the Orthodontic Entity and the Orthodontist shall be Apple Expenses.

Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the date hereof, are interpreted by judicial decision, a regulatory agency or legal counsel in such a manner as to indicate that this Agreement or any provision hereof may be in violation of such laws or regulations, the Orthodontic Entity, Orthodontist and Apple shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements between the Orthodontic Entity, Orthodontist and Apple and without substantial economic detriment to either party. To the extent any act or service required of Apple in this Agreement should be construed or deemed, by any governmental authority, agency or court to constitute the practice of orthodontics, the performance of said act or service by Apple shall be deemed waived and forever unenforceable and the provisions of this SECTION 10.6 shall be applicable. Neither party shall claim or assert illegality as a defense to the enforcement of this Agreement or any provision hereof; instead, any such purported illegality shall be resolved pursuant to the terms of this SECTION 10.6 and SECTION 10.10. In the event any governmental authority, agency or court institutes proceedings against Apple, the Orthodontic Entity or the Orthodontist challenging the legality, validity or enforceability of any provision of this Agreement, Apple agrees that the fees, expenses and disbursements of counsel engaged to represent Apple, the Orthodontic Entity and the Orthodontist shall be Apple Expenses.