Common use of Obligations of P Clause in Contracts

Obligations of P. C. (a) EMPLOYMENT OF MEDICAL PRACTITIONERS. HDC shall not provide any personnel to P.C. P.C. shall be responsible for employing Medical Practitioners to provide Medical Services for P.C. P.C. acknowledges and agrees that in order to ensure the quality of services provided by P.C. and the economic viability of P.C., it will employ and contract with Medical Practitioners subject to the following requirements: (i) Every Medical Practitioner shall be fully licensed to practice his/her specialty under the laws of the Commonwealth of Massachusetts or such other state in which such practitioner provides services; (ii) As a condition to each Medical Practitioner's employment, including without limitation the holder of the capital stock of P.C. (the "STOCKHOLDER"), such Medical Practitioner shall be required by P.C. to execute a non-competition and non-solicitation agreement in form and substance acceptable to HDC prohibiting the Medical Practitioner from competing with P.C. or HDC for the term of his employment by P.C. and a period of 18 months thereafter; and (iii) P.C. shall fix compensation and fringe benefits for individual Medical Practitioners; provided, however, that compensation and benefits paid to any such Medical Practitioner, including without limitation the Stockholder (with respect to compensation for services provided both to patients and P.C.), shall not exceed the fair market value for such services. P.C. hereby acknowledges and agrees that HDC has superior knowledge and experience with respect to the fair market value of services provided by Medical

Obligations of P. C. (a) EMPLOYMENT OF MEDICAL PRACTITIONERS. HDC shall not provide any personnel to P.C. P.C. shall be responsible for employing Medical Practitioners to provide Medical Podiatry Services for P.C. P.C. acknowledges and agrees that in order to ensure the quality of services provided by P.C. and the economic viability of P.C., it will employ and contract with Medical Practitioners subject to the following requirements: (i) Every Medical Practitioner shall be fully licensed to practice his/her specialty under the laws of the Commonwealth of Massachusetts or such other state in which such practitioner provides services; (ii) As a condition to each Medical Practitioner's employment, including without limitation the holder of the capital stock of P.C. (the "STOCKHOLDER"), such Medical Practitioner shall be required by P.C. to execute a non-competition and non-solicitation agreement in form and substance acceptable to HDC prohibiting the Medical Practitioner from competing with P.C. or HDC for the term of his employment by P.C. and a period of 18 months thereafter; and (iii) P.C. shall fix compensation and fringe benefits for individual Medical Practitioners; provided, however, that compensation and benefits paid to any such Medical Practitioner, including without limitation the Stockholder (with respect to compensation for services provided both to patients and P.C.), shall not exceed the fair market value for such services. P.C. hereby acknowledges and agrees that HDC has superior knowledge and experience with respect to the fair market value of services provided by MedicalPractitioners. If a dispute arises between P.C. and HDC with respect to the fair market value of services provided by a Practitioner, P.C. hereby agrees that HDC, in its sole discretion, shall determine fair market value. HDC shall make such determination in good faith and based on its knowledge and experience and the amounts paid to similarly qualified practitioners providing similar services for P.C. or other professional corporations affiliated with HDC.