Common use of Fellows Clause in Contracts

Fellows. Subject to the terms of this Agreement, during the period of time that a User is a Fellow, (i) Medical Practice shall not, unless such User “moonlights” as a primary xxxxxx, be required to pay Physician Services Fees or Support Fees with respect to such User, (ii) Medical Practice shall pay Modernizing Medicine all other Fees applicable to such User and (iii) such User shall not count against the number of FTE Physician Users of Medical Practice authorized to use the Software. Immediately upon the expiration or termination of a User’s status as a Fellow, or if such User “moonlights” as a primary xxxxxx, such User shall cease to be authorized to use the Software unless (x) the counting of such former Fellow as a Physician User would not cause the number of FTE Physician Users of Medical Practice that use the Software to exceed the number of FTE Physician Users authorized to use the Software specified on Schedule “A” of this Agreement or (y) the total number of FTE Physician Users authorized to use the Software is increased in accordance with Section 3.11 of this Agreement. Medical Practice shall provide Modernizing Medicine with any evidence of a person’s status as a Fellow as Modernizing Medicine may reasonably request, including, without limitation, evidence of the accreditation of the applicable fellowship program and a letter from Medical Practice representing to such individual’s status as a fellow and the remaining period of time in such fellowship. Notwithstanding the foregoing, Medical Practice acknowledges and agrees that Modernizing Medicine may determine whether or not any individual is a Fellow in its sole discretion. Medical Practice shall promptly notify Modernizing Medicine in writing when a User ceases to be a Fellow.

Fellows. Subject to the terms of this Agreement, during the period of time that a User is a Fellow, (i) Medical Practice shall not, unless such User “moonlights” as a primary xxxxxx, be required to pay Physician Services Fees or Support Fees with respect to such User, (ii) Medical Practice shall pay Modernizing Medicine all other Fees applicable to such User and (iii) such User shall not count against the number of FTE Physician Users of Medical Practice authorized to use the Software. Immediately upon the expiration or termination of a User’s status as a Fellow, or if such User “moonlights” as a primary xxxxxx, such User shall cease to be authorized to use the Software unless (x) the counting of such former Fellow as a Physician User would not cause the number of FTE Physician Users of Medical Practice that use the Software to exceed the number of FTE Physician Users authorized to use the Software specified on Schedule “A” of this Agreement or (y) the total number of FTE Physician Users authorized to use the Software is increased in accordance with Section 3.11 3.10 of this Agreement. Medical Practice shall provide Modernizing Medicine with any evidence of a person’s status as a Fellow as Modernizing Medicine may reasonably request, including, without limitation, evidence of the accreditation of the applicable fellowship program and a letter from Medical Practice representing to such individual’s status as a fellow and the remaining period of time in such fellowship. Notwithstanding the foregoing, Medical Practice acknowledges and agrees that Modernizing Medicine may determine whether or not any individual is a Fellow in its sole discretion. Medical Practice shall promptly notify Modernizing Medicine in writing when a User ceases to be a Fellow.

Fellows. Subject to the terms of this Agreement, during the period of time that a User is a Fellow, (i) Medical Practice shall not, unless such User “moonlights” as a primary xxxxxx, be required to pay Physician Services Fees or Support Fees with respect to such User, (ii) Medical Practice shall pay Modernizing Medicine all other Fees applicable to such User and (iii) such User shall not count against the number of FTE Physician Users of Medical Practice authorized to use the Software. Immediately upon the expiration or termination of a User’s status as a Fellow, or if such User “moonlights” as a primary xxxxxx, such User shall cease to be authorized to use the Software unless (x) the counting of such former Fellow as a Physician User would not cause the number of FTE Physician Users of Medical Practice that use the Software to exceed the number of FTE Physician Users authorized to use the Software specified on Schedule “A” of this Agreement or (y) the total number of FTE Physician Users authorized to use the Software is increased in accordance with Section 3.11 3.12 of this Agreement. Medical Practice shall provide Modernizing Medicine with any evidence of a person’s status as a Fellow as Modernizing Medicine may reasonably request, including, without limitation, evidence of the accreditation of the applicable fellowship program and a letter from Medical Practice representing to such individual’s status as a fellow and the remaining period of time in such fellowship. Notwithstanding the foregoing, Medical Practice acknowledges and agrees that Modernizing Medicine may determine whether or not any individual is a Fellow in its sole discretion. Medical Practice shall promptly notify Modernizing Medicine in writing when a User ceases to be a Fellow.

Fellows. Subject to the terms of this Agreement, during the period of time that a User is a Fellow, (i) Medical Practice shall not, unless such User “moonlights” as a primary xxxxxx, be required to pay Ophthalmologist Physician Services Fees or Support Fees with respect to such User, (ii) Medical Practice shall pay Modernizing Medicine all other Fees applicable to such User and (iii) such User shall not count against the number of FTE Ophthalmologist Physician Users of Medical Practice authorized to use the Software. Immediately upon the expiration or termination of a User’s status as a Fellow, or if such User “moonlights” as a primary xxxxxx, such User shall cease to be authorized to use the Software unless (x) the counting of such former Fellow as a an Ophthalmologist Physician User would not cause the number of FTE Ophthalmologist Physician Users of Medical Practice that use the Software to exceed the number of FTE Ophthalmologist Physician Users authorized to use the Software specified on Schedule “A” of this Agreement or (y) the total number of FTE Ophthalmologist Physician Users authorized to use the Software is increased in accordance with Section 3.11 of this Agreement. Medical Practice shall provide Modernizing Medicine with any evidence of a person’s status as a Fellow as Modernizing Medicine may reasonably request, including, without limitation, evidence of the accreditation of the applicable fellowship program and a letter from Medical Practice representing to such individual’s status as a fellow and the remaining period of time in such fellowship. Notwithstanding the foregoing, Medical Practice acknowledges and agrees that Modernizing Medicine may determine whether or not any individual is a Fellow in its sole discretion. Medical Practice shall promptly notify Modernizing Medicine in writing when a User ceases to be a Fellow.

Fellows. Subject to the terms of this Agreement, during the period of time that a User is a Fellow, (i) Medical Practice shall not, unless such User “moonlights” as a primary xxxxxx, be required to pay Ophthalmologist Physician Services Fees or Support Fees with respect to such User, (ii) Medical Practice shall pay Modernizing Medicine all other Fees applicable to such User and (iii) such User shall not count against the number of FTE Ophthalmologist Physician Users of Medical Practice authorized to use the Software. Immediately upon the expiration or termination of a User’s status as a Fellow, or if such User “moonlights” as a primary xxxxxx, such User shall cease to be authorized to use the Software unless (x) the counting of such former Fellow as a Ophthalmologist Physician User would not cause the number of FTE Ophthalmologist Physician Users of Medical Practice that use the Software to exceed the number of FTE Ophthalmologist Physician Users authorized to use the Software specified on Schedule “A” of this Agreement or (y) the total number of FTE Ophthalmologist Physician Users authorized to use the Software is increased in accordance with Section 3.11 3.10 of this Agreement. Medical Practice shall provide Modernizing Medicine with any evidence of a person’s status as a Fellow as Modernizing Medicine may reasonably request, including, without limitation, evidence of the accreditation of the applicable fellowship program and a letter from Medical Practice representing to such individual’s status as a fellow and the remaining period of time in such fellowship. Notwithstanding the foregoing, Medical Practice acknowledges and agrees that Modernizing Medicine may determine whether or not any individual is a Fellow in its sole discretion. Medical Practice shall promptly notify Modernizing Medicine in writing when a User ceases to be a Fellow.