Common use of Enforcement of Restrictive Covenants and Other Provisions Clause in Contracts

Enforcement of Restrictive Covenants and Other Provisions. The Group shall enforce the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, including, without limitation, the Restrictive Covenants. The costs and expenses of such enforcement shall be included in Professional Expenses and all damages and other amounts recovered thereby shall be included in Professional Revenues. In the event that, after a request by Administrator, the Group does not pursue any remedy that may be available to it by reason of a breach or default of the Restrictive Covenants or any other provision of the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, upon the request of Administrator, the Group shall assign to Administrator such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Administrator with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Administrator and shall be included in Administrator Expenses, and Administrator shall be entitled to all damages and other amounts recovered thereby. In the event the Purchase Assets are acquired by the Group pursuant to Article X, the obligation of the Group to enforce Restrictive Covenants shall be limited to enforcement of non-solicitation and nondisclosure of confidential/proprietary information covenants.

Appears in 15 contracts

Samples: Service Agreement (Radiologix Inc), Service Agreement (Radiologix Inc), Service Agreement (American Physician Partners Inc)

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Enforcement of Restrictive Covenants and Other Provisions. The Group shall enforce the Stockholder Member Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, including, without limitation, the Restrictive Covenants. The costs and expenses of such enforcement shall be included in Professional Expenses and all damages and other amounts recovered thereby shall be included in Professional Revenues. In the event that, after a request by Administrator, the Group does not pursue any remedy that may be available to it by reason of a breach or default of the Restrictive Covenants or any other provision of the Stockholder Member Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, upon the request of Administrator, the Group shall assign to Administrator such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Administrator with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Administrator and shall be included in Administrator Expenses, and Administrator shall be entitled to all damages and other amounts recovered thereby. In the event the Purchase Assets are acquired by the Group pursuant to Article X, the obligation of the Group to enforce Restrictive Covenants shall be limited to enforcement of non-solicitation and nondisclosure of confidential/proprietary information covenants.

Appears in 2 contracts

Samples: Service Agreement (Radiologix Inc), Service Agreement (American Physician Partners Inc)

Enforcement of Restrictive Covenants and Other Provisions. The Group shall enforce the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, including, without limitation, the Restrictive Covenants. The costs and expenses of such enforcement shall be included in Professional Expenses and all damages and other amounts recovered thereby shall be included in Professional Revenues. In the event that, after a request by Administrator, the Group does not pursue any remedy that may be available to it by reason of a breach or default of the Restrictive Covenants or any other provision of the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, upon the request of Administrator, the Group shall assign to Administrator such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Administrator with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Administrator and shall be included in Administrator Expenses, and Administrator shall be entitled to all damages and other amounts recovered thereby. In the event the Purchase Assets are acquired by the Group pursuant to Article X, the obligation of the Group to enforce Restrictive Covenants shall be limited to enforcement of non-solicitation and nondisclosure of confidential/proprietary information covenants.amounts

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

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Enforcement of Restrictive Covenants and Other Provisions. The Group shall enforce the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, including, without limitation, the Restrictive Covenants. The costs and expenses of such enforcement shall be included in Professional Expenses and all damages and other amounts recovered thereby shall be included in Professional Revenues. In the event that, after a request by Administrator, the Group does not pursue any remedy that may be available to it by reason of a breach or default of the Restrictive Covenants or any other provision of the Stockholder Employment Agreements and, to the extent permitted under applicable law, the Physician Employee Employment Agreements, upon the request of Administrator, the Group shall assign to Administrator such causes of action and/or other rights it has related to such breach or default and shall cooperate with and provide reasonable assistance to Administrator with respect thereto; in which case, all costs and expenses incurred in connection therewith shall be borne by Administrator and shall be included in Administrator Expenses, and Administrator shall be entitled to all damages and other amounts recovered thereby. In the event the Purchase Assets are acquired by the Group pursuant to Article XX or this Agreement is terminated pursuant to section 10.3, the obligation of the Group to enforce Restrictive Covenants shall be limited to enforcement of non-solicitation and nondisclosure of confidential/proprietary information covenants.

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

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