Legislative, Regulatory or Administrative Change. In the event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, a change in any third-party reimbursement system, or any finding, ruling, or decree of any regulatory body concerning this Professional Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Business Management Agreement or which shall make this Professional Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Business Management Agreement that complies with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty (60) days, this Professional Business Management Agreement shall be terminated upon ninety (90) days written notice by either party to the other.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement (Eyemasters Inc), Employment Agreement (Eyemasters Inc)
Legislative, Regulatory or Administrative Change. In the event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, or a change in any third-party reimbursement system, or any finding, ruling, or decree of any regulatory body concerning this Professional Retail Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Retail Business Management Agreement or which shall make this Professional Retail Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Retail Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Retail Business Management Agreement that complies with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty (60) days, this Professional Retail Business Management Agreement shall be terminated upon ninety (90) days written notice by either party Party to the other.
Appears in 4 contracts
Samples: Employment Agreement (Eyemasters Inc), Retail Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eyemasters Inc)
Legislative, Regulatory or Administrative Change. In the event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case lawlaws, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, or a change in any third-party reimbursement system, or any finding, ruling, or decree of any regulatory body concerning this Professional Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Business Management Agreement or which shall make this Professional Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Business Management Agreement that complies with the law, regulation, or policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty (60) daysa reasonable time, this Professional Business Management Agreement shall be terminated upon ninety (90) days written notice by then either party Party may submit the issue to arbitration pursuant to Section 8.7 for the otherpurpose of reaching an alternative arrangement that is equitable under the circumstances.
Appears in 2 contracts
Samples: Employment Agreement (Vision Twenty One Inc), Optometrist Employment Agreement (Vision Twenty One Inc)
Legislative, Regulatory or Administrative Change. In the event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, a change in any third-party reimbursement system, system or any finding, ruling, or decree of any regulatory body concerning this Professional Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Business Management Agreement or which shall make this Professional Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Business Management Agreement that complies with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty thirty (6030) days, this Professional Business Management Agreement shall be terminated upon ninety thirty (9030) days written notice by either party Party to the other.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Legislative, Regulatory or Administrative Change. In the event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, or a change in any third-party reimbursement system, or any finding, ruling, or decree of any regulatory body concerning this Professional Retail Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Retail Business Management Agreement or which shall make this Professional Retail Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Retail Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Retail Business Management Agreement that complies complies, with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty (60) days, this Professional Retail Business Management Agreement shall be terminated upon ninety (90) days written notice by either party Party to the other.
Appears in 1 contract
Samples: Employment Agreement (Eye Care Centers of America Inc)
Legislative, Regulatory or Administrative Change. In the ---------------------------------------------------- event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, a change in any third-party reimbursement system, or any finding, ruling, or decree of any regulatory body concerning this Professional Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Business Management Agreement or which shall make this Professional Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Business Management Agreement that complies with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty thirty (6030) days, this Professional Business Management Agreement shall be terminated upon ninety thirty (9030) days written notice by either party to the other.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Legislative, Regulatory or Administrative Change. In the ---------------------------------------------------- event there shall be a change in the Medicare or Medicaid statutes, federal statutes, state statutes, case law, administrative interpretations, regulations or general instructions, the adoption of new federal or state legislation, a change in any third-party reimbursement system, system or any finding, ruling, or decree of any regulatory body concerning this Professional Business Management Agreement, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated for its services under this Professional Business Management Agreement or which shall make this Professional Business Management Agreement or any related agreements unlawful or unenforceable, or which would be reasonably likely to subject either Party to this Professional Business Management Agreement, or any member, shareholder, officer, director, employee, agent or affiliated organization to any civil or criminal penalties or administrative sanctions, the Parties shall immediately use their best efforts to enter into a new service arrangement or basis for compensation for the services furnished pursuant to this Professional Business Management Agreement that complies with the law, regulation, policy, finding, ruling, or decree, or which minimizes the possibility of such penalties, sanctions or unenforceability, and that approximates as closely as possible the economic position of the Parties prior to the change. If the Parties are unable to reach a new agreement within sixty thirty (6030) days, this Professional Business Management Agreement shall be terminated upon ninety thirty (9030) days written notice by either party Party to the other.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)