Control Retained in PacifiCare. PacifiCare shall, throughout the term of this Agreement, exercise ultimate control over the assets and operations of PacifiCare. PacifiCare’s Board of Directors shall appoint PacifiCare’s officers, including, without limitation, its President/Chief Executive Officer, Secretary and Chief Financial Officer, who shall be responsible to PacifiCare’s Board of Directors for the operations of PacifiCare. PacifiCare’s Board of Directors shall be and remain ultimately responsible for the development, approval and implementation of policies and procedures for PacifiCare’s operations. PacifiCare shall supervise all medical, professional, and ethical affairs of its business and shall establish general operating policies. PHPA shall perform or arrange for the provision of the functions described in this Agreement in accordance with the policies and directives and standards of performance given by PacifiCare. PacifiCare may, according to the terms of this Agreement, direct PHPA to implement existing or future policies and may adopt such policy recommendations or proposals made by PHPA. By entering into this Agreement, XxxxxxXxxx has not delegated any of the powers, duties, and responsibilities required to be performed by PacifiCare under any statute, ordinance, code, or other law, rule, regulation, order, standard, requirement or procedure enacted, adopted, promulgated, applied or followed by any governmental authority or court, judge, justice, magistrate, including the Xxxx-Xxxxx Act, as amended, and the regulations promulgated thereunder.
