Network Operation Activities. Network will provide Participating Members with the services necessary to operate the Network and to negotiate Contracts with health plans, third party payers, and government healthcare programs. In addition, Network will establish, secure funding for, operate or cause to be operated, Performance Incentive Programs and make, or cause to be made, performance based distributions of funds from one or more incentive compensation pools to Participating Members who are eligible to participate in the Performance Incentive Programs and to receive performance based compensation from the Network as a result of meeting the eligibility and qualification requirements established by the Management Board for the Performance Incentive Programs. Upon the request of Participating Members and consent of the Parties, Network may also provide, either through itself or through its designee, certain additional network operations and/or practice support services to Participating Members through separate management services agreements signed by the Parties. Participating Members acknowledge that Network may subcontract with another entity for the performance of Network’s obligations under this Agreement and in the ordinary course of business without Participating Members’ prior consent, provided that Participating Members’ consent shall be required for Network to subcontract all or substantially all of its obligations under this Agreement (except to a wholly controlled affiliate), and it being understood and agreed that all subcontractors shall be subject to all applicable terms and conditions set forth herein. The delivery of clinical services rendered to patients by Participating Members shall be and remain under the sole control of Participating Members for the term of this Agreement.
