Common use of Employment of Physicians Clause in Contracts

Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements in the form of Exhibit 5.1 (the "Employment Agreements") with Physician- ----------- Shareholders, including, without limitation, the initial Physician- Shareholders identified in Exhibit 5.1A. Practice shall not amend the ------------ Employment Agreements in any material manner or waive any material rights of Practice thereunder without the prior written approval of Business Manager. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Shareholders, and subject to subparagraph (ii) below, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 2 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

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Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements in the form of Exhibit 5.1 (the "Employment ----------- Agreements") with Physician- ----------- Physician-Shareholders, including, without limitation, the initial Physician- Physician-Shareholders identified in Exhibit ------- 5.1A. Practice shall not amend the ------------ Employment Agreements in any ---- material manner or waive any material rights of Practice thereunder without the prior written approval of Business Manager. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Shareholders, and subject to subparagraph (ii) below, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 2 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements substantially in the form of Exhibit 5.1 (the "Employment Agreements") with Physician- ----------- Physician-Shareholders, including, without limitation, the initial Physician- Physician-Shareholders identified in Exhibit 5.1A. Practice shall not amend the ------------ Employment Agreements in any material manner or waive any material rights of Practice thereunder without the prior written approval of Business ManagerManager Consent. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Shareholders, and subject to subparagraph (ii) belowbelow and Section 5.7(f) hereof, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements in the form of Exhibit 5.1 (the "Employment Agreements") with Physician- ----------- Physician-Shareholders, including, without limitation, the initial Physician- Physician-Shareholders identified in Exhibit 5.1A. Practice shall not amend the ------------ Employment Agreements in any material manner or waive any material rights of Practice thereunder without the prior written approval of Business Manager. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Shareholders, and subject to subparagraph (ii) below, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

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Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements in the form of Exhibit 5.1 (the "Employment Agreements") with Physician- ----------- Physician-Shareholders, including, without limitation, the initial Physician- Physician-Shareholders identified in Exhibit 5.1A. Practice shall not amend the ------------ Employment Agreements in any material manner or waive any material rights of Practice thereunder without the prior written approval of Business Manager. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Physician- Shareholders, and subject to subparagraph (ii) below, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

Employment of Physicians. (i) Practice shall operate and maintain within the Practice Territory a full-time practice of medicine specializing in the provision of Medical Services, and shall maintain and enforce employment agreements in the form of Exhibit 5.1 (the "Employment Agreements") with Physician- ----------- Shareholders, including, without limitation, the initial Physician- Shareholders identified in Exhibit 5.1A. Practice shall not amend the ------------ Employment Agreements in any material manner or waive any material rights of Practice thereunder without the prior written approval of Business Manager. Recognizing that Business Manager would not have entered into this Management Services Agreement but for Practice's covenant to maintain Employment Agreements with Physician-Shareholders, and subject to subparagraph (ii) below, Practice shall pay to Business Manager, in addition to the Management Fee, any damages, compensation, payment or settlement received by Practice from a Physician who terminates his or her Employment Agreement without Physician Cause (as defined in the Employment Agreement) or whose Employment Agreement is terminated by Practice for Practice Cause (as defined in the Employment Agreement) or for any other material breaches of the Employment Agreements (such damages being collectively referred to herein as the "Business Manager Damages").

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

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