Common use of HMO AGREEMENTS Clause in Contracts

HMO AGREEMENTS. (i) Parent and ElderCare shall use their reasonable best efforts to amend all agreements with HMOs that provide medical services under the Parent Medical Plan ("HMO Agreements") in existence as of the date of this Agreement that are applicable to ElderCare Individuals to permit ElderCare to participate in the terms and conditions of such HMO Agreements, in each case, from Immediately after the Distribution Date through the Transition Date. Parent and ElderCare shall use their reasonable best efforts to cause all HMO Agreements entered into after the date of this Agreement but before the Close of the Distribution Date to allow ElderCare to participate in the terms and conditions of such HMO Agreements from Immediately after the Distribution Date through the Transition Date on the same basis as Parent. (ii) The permissible ways in which ElderCare's participation may be effectuated include, without limitation, automatically making ElderCare a party to the HMO Agreements or obligating the HMOs to enter into agreements with ElderCare that are identical to the HMO Agreements. Such terms and conditions shall include, without limitation, the financial and termination provisions of the HMO Agreements.