Common use of Contract Negotiations Clause in Contracts

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten (10) days of its receipt of such contract. Practice's failure to respond within such ten-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) days of its receipt of such contractcontract (or description). Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic BusinessServices, including, without limitation, Managed Care Contracts. Subject Business Manager shall, to the second extent practicable, use commercially reasonable efforts to last sentence involve Practice and Physician-Shareholders in its efforts to procure and negotiate Managed Care Contracts on behalf of this Section 4.7, Practice. Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems reasonably necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) business days of its receipt of such contractcontract (or such greater time as may be given to any other Regional Practice). Practice's failure to respond within such ten-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) business days of its receipt of such contractContract. Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) days of its receipt of such contractcontract (or description). Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic BusinessServices, including, without limitation, Managed Care Contracts. Subject Business Manager shall, to the second extent practicable, use commercially reasonable efforts to last sentence involve Practice and Physician-Shareholders in its efforts to procure and negotiate Managed Care Contracts on behalf of this Section 4.7, Practice. Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems reasonably necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) business days of its receipt of such contractcontract (or such greater time as may be given to any other Regional Practice). Practice's failure to respond within such ten-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) days of its receipt of such contractcontract (or a description thereof). Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) business days of its receipt of such contractContract. Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Dispensary Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten five (105) days of its receipt of such contractcontract (or a description thereof). Practice's failure to respond within such tenfive-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy BoardBoard and Practice, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiatenegotiate agreements for Subcontractor Costs, for approval by Practice, and, in certain instances, the Policy Board. Any Managed Care Contract having a material economic effect on Practice ("material economic effect" to include any capitalized arrangements) shall be submitted to and reviewed and approved by the Policy Board. Upon approval of the Policy Board, agreements for Subcontractor Costs. Notwithstanding such approval (which will include approval by the foregoing, upon approval of Practice Managers who comprise the Practice representatives on the Policy Board Board) shall be deemed approval by Practice. For all other types of any Managed Care ContractContracts, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Notwithstanding anything herein to the contrary, Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten fifteen (1015) days of its receipt of such contractcontract (or a description thereof). Practice's failure to respond within such tenfifteen-day period shall be deemed an acceptance and approval of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy Board, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiate, for approval by the Policy Board, agreements for Subcontractor Costs. Notwithstanding the foregoing, upon approval of the Policy Board of any Managed Care Contract, Business Manager shall deliver a copy of such contract to Practice for its review and approval. Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten (10) days of its receipt of such contract. Practice's failure to respond within such ten-day period shall be deemed an acceptance of the Managed Care Contract for all purposes.

Contract Negotiations. Business Manager shall advise Practice with --------------------- respect to seek out and negotiate, either directly or on Practice's behalf, as appropriate, all contractual arrangements with third parties as are reasonably necessary and appropriate for Practice's provision of Medical Services and for Practice's operation of the Non-Ophthalmic Business, including, without limitation, Managed Care Contracts. Subject to the second to last sentence of this Section 4.7, Practice hereby constitutes and appoints Business Manager as Practice's agent for the purpose of negotiating and executing on behalf of Practice and its Physicians any Managed Care Contract approved by the Policy BoardBoard and Practice, as well as any modifications, extensions and renewals of such Managed Care Contracts. Practice also designates Business Manager as Practice's agent for the further purpose of giving and receiving notices required or permitted to be given and received under such Managed Care Contracts. Any notice received by Business Manager on behalf of Practice shall be transmitted to Practice as soon as practicable. Business Manager may engage such consultants as Business Manager deems necessary and appropriate to pursue and negotiate Managed Care Contracts for Practice, and Practice authorizes Business Manager to negotiatenegotiate agreements for Subcontractor Costs, for approval by Practice, and, in certain instances, the Policy Board. Any Managed Care Contract having a material economic effect on Practice ("material economic effect" to include any capitalized arrangements) shall be submitted to and reviewed and approved by the Policy Board. Upon approval of the Policy Board, agreements for Subcontractor Costs. Notwithstanding such approval (which will include approval by the foregoing, upon approval of Practice Managers who comprise the Practice representatives on the Policy Board Board) shall be deemed approval by Practice. For all other types of any Managed Care ContractContracts, Business Manager shall deliver a copy of such contract to Practice (or a description of the principal terms and conditions thereof) for its review and approval. Notwithstanding anything herein to the contrary, Practice may accept or reject any Managed Care Contract by delivering written notice to Business Manager within ten fifteen (1015) days of its receipt of such contractcontract (or a description thereof). Practice's failure to respond within such tenfifteen-day period shall be deemed an acceptance and approval of the Managed Care Contract for all purposes.