Legal Terms. This Agreement shall be construed without regard to any presumptions or rules requiring construction against the party causing the instrument to be drafted. This Agreement contains the entire agreement between the parties and supersedes all prior oral and written understandings and agreements; it shall be governed and construed under the laws of the Commonwealth of Massachusetts. All disputes arising out of this Agreement will be submitted to arbitration in the county in which the medical practice is located, pursuant to the rules of the American Arbitration Association then in existence in Massachusetts. The decision in arbitration shall be conclusive and binding on the parties and may be reduced to judgment in any court of competent jurisdiction. The parties expressly waive their right to trial in any court. If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law and in its modified form, and that provision shall then be enforceable. All written notices are deemed served if sent to the address of the party by first class U.S. Mail, certified, receipt requested, or when delivered by a reputable national overnight delivery carrier. Wellscape Direct MD is an independent entity and is not reliant upon other medical or health-related organizations regarding either making or receiving patient referrals.
Appears in 4 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
