Disputes Regarding Fees. (a) It is the Parties' intent that any disputes regarding performance standards of the Professional Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Professional Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Professional Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Professional Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action. At the request of Professional Business Manager or the Practice, the Practice Advisory Council shall make recommendations to Professional Business Manager with respect to any dispute concerning a set off or reduction in Management Fees.
Appears in 6 contracts
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)
Disputes Regarding Fees. (a) It is the Parties' β intent that any disputes regarding performance standards of the Professional Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Professional Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Professional Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Professional Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action. At the request of Professional Business Manager or the Practice, the Practice Advisory Council shall make recommendations to Professional Business Manager with respect to any dispute concerning a set off or reduction in Management Fees.
Appears in 6 contracts
Samples: Employment Agreement, Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)
Disputes Regarding Fees. (a) It is the Parties' β intent that any disputes regarding performance standards of the Professional Retail Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Professional Retail Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Professional Retail Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Professional Retail Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action. At the request of Professional Retail Business Manager or the Practice, the Practice Advisory Council shall make recommendations to Professional Retail Business Manager with respect to any dispute concerning a set off or reduction in Management Fees.
Appears in 3 contracts
Samples: Employment Agreement (Eyemasters Inc), Retail Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eyemasters Inc)
Disputes Regarding Fees. (a) It is the Parties' intent that any disputes regarding performance standards of the Professional Retail Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Professional Retail Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Professional Retail Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Professional Retail Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action. At the request of Professional Retail Business Manager or the Practice, the Practice Advisory Council shall make recommendations to Professional Retail Business Manager with respect to any dispute concerning a set off or reduction in Management Fees.
Appears in 2 contracts
Samples: Retail Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eye Care Centers of America Inc)