Joint Operations Committee Authority. All other decision-making authority over the business, affairs and operations of Group shall be vested in a joint operations committee (the "Joint Operations Committee"). Notwithstanding anything in this Agreement to the contrary, unless such authority has been otherwise granted or delegated to Manager herein, or is otherwise prohibited by applicable federal or state law, the Joint Operations Committee shall have exclusive decision-making authority over all matters necessary to enable Manager to consolidate Group for accounting purposes pursuant to Financial Accounting Standards Board ("FASB") Statement No. 94 (or any successor statement, interpretation or release), as such matters are described and set forth in the Emerging Issues Task Force ("EITF") Issue No. 97-2 (as may be further interpreted or modified by FASB, the EITF or the Securities and Exchange Commission) including, without limitation, scope of services provided, patient acceptance policies and procedures, pricing of services, negotiation and execution of contracts, establishment and approval of operating and capital budgets, total Group compensation, establishment and implementation of guidelines for selection, hiring and termination of dentists and other dental professionals, and the incurrence or issuance of debt by Group (collectively, the "Joint Operations Committee Decision Matters"). Nothing herein shall be construed as preventing the Joint
Appears in 2 contracts
Samples: Dental Group Management Agreement (Gentle Dental Service Corp), Dental Group Management Agreement (Gentle Dental Service Corp)
Joint Operations Committee Authority. All other decision-making authority over the business, affairs and operations of Group shall be vested in a joint operations committee (the "Joint Operations Committee"). Notwithstanding anything in this Agreement to the contrary, unless such authority has been otherwise granted or delegated to Manager herein, or is otherwise prohibited by applicable federal or state law, the Joint Operations Committee shall have exclusive decision-making authority over all matters necessary to enable Manager to consolidate Group for accounting purposes pursuant to Financial Accounting Standards Board ("FASB") Statement No. 94 (or any successor statement, interpretation or release), as such matters are described and set forth in the Emerging Issues Task Force ("EITF") Issue No. 97-2 (as may be further interpreted or modified by FASB, the EITF or the Securities and Exchange Commission) including, without limitation, scope of services provided, patient acceptance policies and procedures, pricing of services, negotiation and execution of contracts, establishment and approval of operating and capital budgets, total Group compensation, establishment and implementation of guidelines for selection, hiring and termination of dentists and other dental professionals, and the incurrence or issuance of debt by Group (collectively, the "Joint Operations Committee Decision Matters")Group. Nothing herein shall be construed as preventing the JointJoint Operations Committee from appointing representatives and delegating authority to such representatives so long as the Joint Operations Committee may revoke such appointment and delegation at any time and so long as the Joint Operations Committee retains ultimate responsibility for the decisions of such representatives.
Appears in 1 contract
Samples: Dental Group Management Agreement (Gentle Dental Service Corp)
Joint Operations Committee Authority. All other decision-making authority over the business, affairs and operations of Group shall be vested in a joint operations committee (the "Joint Operations Committee"). Notwithstanding anything in this Agreement to the contrary, unless such authority has been otherwise granted or delegated to Manager herein, or is otherwise prohibited by applicable federal or state law, the Joint Operations Committee shall have exclusive decision-making authority over all matters necessary to enable Manager to consolidate Group for accounting purposes pursuant to Financial Accounting Standards Board ("FASB") Statement No. 94 (or any successor statement, interpretation or release), as such matters are described and set forth in the Emerging Issues Task Force ("EITF") Issue No. 97-2 (as may be further interpreted or modified by FASB, the EITF or the Securities and Exchange Commission) including, without limitation, scope of services provided, patient acceptance policies and procedures, pricing of services, negotiation and execution of contracts, establishment and approval of operating and capital budgets, total Group compensation, establishment and implementation of guidelines for selection, hiring and termination of dentists and other dental professionals, and the incurrence or issuance of debt by Group (collectively, the "Joint Operations Committee Decision Matters"). Nothing herein shall be construed as preventing the JointJoint Operations Committee from appointing representatives and delegating authority to such representatives so long as the Joint Operations Committee may revoke such appointment and delegation at any time and so long as the Joint Operations Committee retains ultimate responsibility for the decisions of such representatives.
Appears in 1 contract
Samples: Dental Group Management Agreement (Gentle Dental Service Corp)