Patient Freedom. The parties hereto agree that the benefits afforded either party hereunder are not payment for, and are not in any way contingent upon the referral, admission or any other arrangement for, the provision of any item or service offered by any party hereto. Nothing in this Agreement shall be construed to limit the freedom of any patient of Seller or any Shareholder to choose the facility or physician from whom any patient shall receive health care services or limit or interfere with Seller or Shareholders’ ability to exercise professional judgment in treating patients or their ability to provide medical services to patients.
Patient Freedom. The parties hereto agree that the benefits afforded either party hereunder are not payment for, and are not in any way contingent upon the referral, admission or any other arrangement for, the provision of any item or service offered by any party hereto. Nothing in this Agreement shall be construed to limit the freedom of any patient of Seller to choose the facility or physician from whom any patient shall receive health care services or limit or interfere with Seller’s ability to exercise professional judgment in treating patients or their ability to provide medical services to patients. 11.8. Texas Business and Commerce Code Section 15.50. The parties hereto agree that Seller is free to provide professional services at any facility Seller or his patients or payors select, and Seller is able to maintain a professional physician practice (but not an ambulatory surgery center or any other outpatient surgical facility) at any location, including within the geographic radius prescribed in Section 11.2 hereof. Accordingly, the parties hereto acknowledge and agree that Section 15.50(b) of the Texas Business and Commerce Code should not apply to the restrictive covenants set forth in this Agreement. As such, Seller hereby agrees to waive any rights to challenge the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code, and neither Seller nor any of his agents or representatives shall commence, participate in or be a party to any litigation or any other type of action which challenges, directly or indirectly, the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code. 20 ARTICLE XII. POST-CLOSING COVENANTS 12.1
