Common use of Employment of Professionals Clause in Contracts

Employment of Professionals. Subject to Section 3.13 hereof, the Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that on or before ninety (90) days from the effective date of this Professional Business Management Agreement it will have obtained, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A (“Employment Agreement”) containing a restrictive covenant (the “Restrictive Covenant”). The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially the form attached hereto as Exhibit 4.3B, (the “Presidents Employment Agreement Commission”) which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that that, if requested by the Professional Business Manager, on or before ninety (90) days from the effective date of this Professional Business Management Agreement such request, it will have obtaineduse its best efforts to obtain, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A (“Employment Agreement”) containing a restrictive covenant (the “Restrictive Covenant”). It is agreed that the Professional Business Manager has not requested any such employment agreements and Restrictive Covenants as of the execution of this Agreement. The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially the form attached hereto as Exhibit 4.3B, (the “Presidents Employment Agreement CommissionAgreement”) which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all ProfessionalsProfessionals at the EyeMasters Practice Locations. At the request of the Practice, Professional Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ ' salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that that, if requested by the Professional Business Manager, on or before ninety (90) days from the effective date of this Professional Business Management Agreement such request, it will have obtaineduse its best efforts to obtain, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially a form mutually acceptable to the form attached hereto as Exhibit 4.3A parties (“"Employment Agreement”") containing a restrictive covenant (the “"Restrictive Covenant”"). The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement in substantially the form attached hereto as Exhibit 4.3B, 4.3B (the “Presidents "President's Employment Agreement Commission”Agreement) which agreement is currently and shall remain in force and effect during the term of this Agreement without amendment unless terminated in accordance therewith. The President shall devote his full time and attention to the operation of the Practice and shall not provide optometric services other than at the EyeMasters Practice Locations.

Employment of Professionals. Subject to Section 3.13 hereof, the Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ ' salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that that, if requested by the Professional Business Manager, on or before ninety (90) days from the effective date of this Professional Business Management Agreement such request, it will have obtaineduse its best efforts to obtain, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A (“"Employment Agreement”") containing a restrictive covenant (the “"Restrictive Covenant”"). It is agreed that the Professional Business Manager has not requested any such employment agreements and Restrictive Covenants as of the execution of this Agreement. The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially the form attached hereto as Exhibit 4.3B, (the “"Presidents Employment Agreement Commission”Agreement") which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the The Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Retail Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ Practice employees' salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that that, if requested by the Retail Business Manager, on or before ninety (90) days from the effective date of this Professional Business Management Agreement such request, it will have obtaineduse its best efforts to obtain, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A 4.2A (“"Employment Agreement”") and containing a restrictive covenant (the “"Restrictive Covenant”"). It is agreed that the Retail Business Manager has not requested that such employment agreements and Restrictive Covenants be entered into as of the execution of this Agreement. The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially in the form attached hereto as Exhibit 4.3B, 4.2B (the “Presidents "President's Employment Agreement Commission”) Agreement"), which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the The Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Retail Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such ProfessionalsPractice Employees’ salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that on or before ninety (90) days from the effective date of this Professional Retail Business Management Agreement it will have obtained, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A 4.2A (“Employment Agreement”) and containing a restrictive covenant (the “Restrictive Covenant”). The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially in the form attached hereto as Exhibit 4.3B4.2B, (the “Presidents President’s Employment Agreement CommissionAgreement”) which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the The Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Retail Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such ProfessionalsPractice employees’ salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that that, if requested by the Retail Business Manager, on or before ninety (90) days from the effective date of this Professional Business Management Agreement such request, it will have obtaineduse its best efforts to obtain, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A 4.2A (“Employment Agreement”) and containing a restrictive covenant (the “Restrictive Covenant”). It is agreed that the Retail Business Manager has not requested that such employment agreements and Restrictive Covenants be entered into as of the execution of this Agreement. The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially in the form attached hereto as Exhibit 4.3B, 4.2B (the “Presidents President’s Employment Agreement CommissionAgreement”) ), which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the The Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Retail Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ Practice Employees' salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the - 26 - 27 cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that on or before ninety (90) days from the effective date of this Professional Retail Business Management Agreement it will have obtained, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A 4.2A (“"Employment Agreement”") and containing a restrictive covenant (the “"Restrictive Covenant”"). The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially in the form attached hereto as Exhibit 4.3B4.2B, (the “Presidents "President's Employment Agreement Commission”Agreement") which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.

Employment of Professionals. Subject to Section 3.13 hereof, the Practice shall be responsible for the hiring, compensation, supervision, evaluation, and termination of all Professionals. At the request of the Practice, Professional Business Manager shall be available to consult with the Practice respecting such matters. The Practice shall be responsible for the payment of such Professionals’ ' salaries and wages, payroll taxes, benefits, and all other taxes and charges now or hereafter applicable to them. The Practice shall employ and contract only with licensed Professionals who meet applicable credentialing guidelines established by the Practice. The Practice shall not in any fiscal year contract in the aggregate with Professionals for an amount (including the cost of associated benefits, payroll expense, and professional liability coverage) which is greater than the amount provided for such purpose in the Budget for such fiscal year. The Practice represents, warrants and covenants that on or before ninety (90) days from the effective date of this Professional Business Management Agreement it will have obtained, shall in the future obtain, and shall enforce formal written employment agreements from each of its present full-time (an average of thirty (30) or more hours per week) Professionals, except for the President of the Practice, and those employed in the future in substantially the form attached hereto as Exhibit 4.3A (“"Employment Agreement”") containing a restrictive covenant (the “"Restrictive Covenant”"). The Practice further represents, warrants and covenants that the President of the Practice has entered into an employment agreement substantially the form attached hereto as Exhibit 4.3B4.313, (the “"Presidents Employment Agreement Commission”") which agreement is currently and shall remain in force and effect during the term of this Agreement unless terminated in accordance therewith.