Common use of Legislative Limitations Clause in Contracts

Legislative Limitations. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other third party payor, or any other federal, state or local government or agency passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way adversely changes the method or amount of reimbursement, compensation or payment for services rendered by the Company (or its physician employees) under this Agreement, or which otherwise adversely affects either the Employee's or the Company's rights or obligations hereunder, then (i) the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement to provide for such reimbursement, compensation or payment for services in a manner consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services, and (ii) in the event the parties are unable to reach agreement within ten (10) days after said notice is given, the Company shall have the option of either (x) assigning this Agreement (and the Company's rights and obligations hereunder) to an Affiliate (if such assignment cures or substantially alleviates such prohibition, restriction, limitation or adverse change) or (y) terminating this Agreement, and the rights and obligations of each of the parties hereunder, as of midnight on such tenth (10th) day.

Appears in 3 contracts

Samples: Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc)

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Legislative Limitations. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other government third party payorpayor program, or any other federal, state or local government or agency passes, ; issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way adversely changes the method or amount of reimbursement, compensation or payment for services rendered by the Company (or its physician employees) under this Agreement, or which otherwise adversely affects either the Employee's or the Company's rights or obligations hereunder, then (i) the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement to provide for such reimbursement, compensation or payment for services in a manner consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services, and (ii) in the event the parties are unable to reach agreement within ten (10) days after said notice is given, the Company shall have the option of either (x) assigning assign this Agreement (and the Company's rights and obligations hereunder) to an Affiliate Affiliate, (if such assignment cures or substantially alleviates such prohibition, restriction, limitation or adverse change) or (y) terminating terminate this Agreement, Agreement and the rights and obligations of each of the parties hereunder, as of midnight on such tenth (10th) day.

Appears in 1 contract

Samples: Employment Agreement (Diagnostic Pathology Management Services Inc)

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