Limitations On Covenants. Notwithstanding anything contained in this Section 1 or anywhere else in this Agreement: (a) Under no circumstance shall any provision of this Agreement be deemed to deny Obligor access to a list of patients whom Obligor had seen or treated prior to or within two (2) years after the closing of the Acquisition. (b) After closing of the Acquisition, the Purchaser (at its expense) shall provide Obligor reasonably convenient and ready access to medical records of any or all of the Obligor’s patients upon authorization of such patient or patients and shall provide copies of any such medical records for a reasonable fee as established by the Texas State Board of Medical Examiners under Section 165.5 of Title 22, Part 9, Chapter 165, of the Texas Administrative Code and Section 5.08(o) of the Texas Medical Practice Act. (c) Any access by Obligor to a list of patients or to patients’ medical records after closing of the Acquisition shall not require that such list or records be provided in a format different from that by which such records are maintained, except by mutual consent of the Purchaser and Obligor. (d) In no event shall Obligor be prohibited by this Agreement from providing continuing care and treatment to a specific patient or patients (whom the Obligor treated prior to the closing of the Acquisition) during the course of an acute illness even after Obligor’s consulting relationship with the Purchaser has terminated. (e) The covenants contained in this Agreement shall not apply to Obligor’s ownership, management or other interest in (either directly or indirectly) those entities listed on Exhibit “A” attached hereto and made a part hereof for all purposes.
Appears in 6 contracts
Samples: Non Competition Agreement (Basic Care Networks Inc), Non Competition Agreement (Basic Care Networks Inc), Non Competition Agreement (Basic Care Networks Inc)
