Common use of Orthodontic Practice Clause in Contracts

Orthodontic Practice. The Orthodontic Entity and Orthodontist shall use and occupy the Premises exclusively for the practice of orthodontics and for providing other related services and products. Unless otherwise approved in writing by the Orthodontic Entity and Apple, it is expressly acknowledged by the Orthodontic Entity and Orthodontist that the orthodontic practice or practices conducted at the Orthodontic Entity shall be conducted solely by orthodontists associated with the Orthodontic Entity, and that the Orthodontic Entity and Orthodontist shall not permit any other orthodontist or dental practitioner to use or occupy the Orthodontic Entity. The Orthodontic Entity and Orthodontist shall be solely and exclusively in control of all aspects of the practice of orthodontics and the delivery of orthodontic services by Orthodontist or at the Orthodontic Entity's facilities. The rendition of all orthodontic professional services, including, but not limited to, diagnosis, treatment, therapy, the prescription of medicine and drugs, and the supervision and preparation of orthodontic reports shall be the sole responsibility of the Orthodontic Entity and Orthodontist. Apple shall have no authority whatsoever with respect to the establishment of fees or charges for the rendition of such services; provided, however, that in the event the Orthodontic Entity or the Orthodontist renders orthodontic services to a patient in consideration for anything other than cash, Apple will determine the value of such consideration for purposes of determining the amount of revenues received by the Orthodontic Entity or Orthodontist. From time to time, the Orthodontic Entity and Orthodontist in their discretion will adopt and implement fee schedules for non-prepaid patients which shall be reasonable in relation to fees generally being obtained in the same or similar market areas. Notwithstanding any provision of this Agreement to the contrary, nothing herein shall be construed as precluding Apple or AOI from permitting the use of or from entering into agreements with other orthodontists or entities owned by other orthodontists similar to this Agreement, with respect to the Premises, Personal Property and tradenames, trademarks and other intangible assets of Apple or AOI utilized by the Orthodontic Entity or Orthodontist pursuant to this Agreement; provided any such other agreement shall not eliminate or diminish Apple's obligations hereunder or interfere with the Orthodontic Entity's or Orthodontist's business.

Orthodontic Practice. The Orthodontic Entity and Orthodontist shall use and occupy the Premises exclusively for the practice of orthodontics and for providing other related services and products. Unless otherwise approved in writing by the Orthodontic Entity and Apple, it is expressly acknowledged by the Orthodontic Entity and Orthodontist that the orthodontic practice or practices conducted at the Orthodontic Entity shall be conducted solely by orthodontists associated with the Orthodontic Entity, and that the Orthodontic Entity and Orthodontist shall not permit any other orthodontist or dental practitioner to use or occupy the Orthodontic Entity. The Orthodontic Entity and Orthodontist shall be solely and exclusively in control of all aspects of the practice of orthodontics and the delivery of orthodontic services by Orthodontist or at the Orthodontic Entity's facilities. The rendition of all orthodontic professional services, including, but not limited to, diagnosis, treatment, therapy, the prescription of medicine and drugs, and the supervision and preparation of orthodontic reports shall be the sole responsibility of the Orthodontic Entity and Orthodontist. Apple shall have no authority whatsoever with respect to the establishment of fees or charges for the rendition of such services; provided, however, that in the event the Orthodontic Entity or the Orthodontist renders orthodontic services to a patient in consideration for anything other than cash, Apple will determine the value of such consideration for purposes of determining the amount of revenues received by the Orthodontic Entity or Orthodontist. From time to time, the Orthodontic Entity and Orthodontist in their discretion will adopt and implement fee schedules for non-prepaid patients which shall be reasonable in relation to fees generally being obtained in the same or similar market areas. Notwithstanding any provision of this Agreement to the contrary, nothing herein shall be construed as precluding Apple or AOI from permitting the use of or from entering into agreements with other orthodontists or entities owned by other orthodontists similar to this Agreement, with respect to the Premises, Personal Property and tradenames, trademarks and other intangible assets of Apple or AOI utilized by the Orthodontic Entity or Orthodontist pursuant to this Agreement; provided any such other agreement shall not eliminate or diminish Apple's obligations hereunder or interfere with the Orthodontic Entity's or Orthodontist's business.