Common use of Physician Confidentiality Covenant Clause in Contracts

Physician Confidentiality Covenant. From the date hereof, the Physician shall not, directly or indirectly, use for any purpose, other than in connection with the performance of the Physician's duties under the Physician Employment Agreement with New P.C., or disclose to any third party, any information of the Subsidiary, Vision 21 or the Company, as appropriate (whether written or oral), including any business management or economic studies, patient lists, proprietary forms, proprietary business or management methods, marketing data, fee schedules, or trade secrets of the Subsidiary, Vision 21 or of the Company, as applicable, and including the terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Notwithstanding the foregoing, the Physician may disclose information that the Physician can establish (a) is or becomes generally available to and known by the public or medical community (other than as a result of an unpermitted disclosure directly or indirectly by the Physician or his Affiliates, advisors, or representatives); (b) is or becomes available to the Physician on a nonconfidential basis from a source other than the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives of which the Physician has knowledge; or (c) has already been or is hereafter independently acquired or developed by the Physician without violating any confidentiality agreement with or other obligation of secrecy to the Subsidiary, Vision 21, the Company or their respective Affiliates, advisors or representatives. Without limiting the other possible remedies to the Subsidiary and Vision 21 for the breach of this covenant, the Physician agrees that injunctive or other equitable relief shall be available to enforce this covenant, such relief to be without the necessity of posting a bond, cash or otherwise. The Physician further agrees that if any restriction contained in this Section 19.2 is held by any court to be unenforceable or unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions contained herein shall be enforced independently of each other.

Physician Confidentiality Covenant. From the date hereof, the Physician shall not, directly or indirectly, use for any purpose, other than in connection with the performance of the Physician's duties under the Physician Employment Agreement with New P.C., or disclose to any third party, any information of the Subsidiary, Vision 21 or the Company, as appropriate (whether written or oral), including any business management or economic studies, patient lists, proprietary forms, proprietary business or management methods, marketing data, fee schedules, or trade secrets of the Subsidiary, Vision 21 or of the Company, as applicable, and including the terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Notwithstanding the foregoing, the Physician may disclose information that the Physician can establish (a) is or becomes generally available to and known by the public or medical community (other than as a result of an unpermitted disclosure directly or indirectly by the Physician or his Affiliates, advisors, or representatives); (b) is or becomes available to the Physician on a nonconfidential basis from a source other than the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives of which the Physician has knowledge; or (c) has already been or is hereafter independently acquired or developed by the Physician without violating any confidentiality agreement with or other obligation of secrecy to the Subsidiary, Vision 21, the Company or their respective Affiliates, advisors or representatives. Without limiting the other possible remedies to the Subsidiary and Vision 21 for the breach of this covenant, the Physician agrees that injunctive or other equitable relief shall be available to enforce this covenant, such relief to be without the necessity of posting a bond, cash or otherwise. The Physician further agrees that if any restriction contained in this Section 19.2 is held by any court to be unenforceable or unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions contained herein shall be enforced independently of each other.

Physician Confidentiality Covenant. From the date hereof, the Physician shall not, directly or indirectly, use for any purpose, other than in connection with the performance of the Physician's duties under the Physician Employment Agreement with New P.C., or disclose to any third party, any information of the Subsidiary, Vision 21 or the Company, as appropriate (whether written or oral), including any business management or economic studies, patient lists, proprietary forms, proprietary business or management methods, marketing data, fee schedules, or trade secrets of the Subsidiary, Vision 21 or of the Company, as applicable, and including the terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Notwithstanding the foregoing, the Physician may disclose information that the Physician can establish (a) is or becomes generally available to and known by the public or medical community (other than as a result of an unpermitted disclosure directly or indirectly by the Physician or his Affiliates, advisors, or representatives); (b) is or becomes available to the Physician on a nonconfidential basis from a source other than the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives of which the Physician has knowledge; or (c) has already been or is hereafter independently acquired or developed by the Physician without violating any confidentiality agreement with or other obligation of secrecy to the Subsidiary, Vision 21, the Company or their respective Affiliates, advisors or representatives. Without limiting the other possible remedies to the Subsidiary and Vision 21 for the breach of this covenant, the Physician agrees that injunctive or other equitable relief shall be available to enforce this covenant, such relief to be without the necessity of posting a bond, cash or otherwise. The Physician further agrees that if any restriction contained in this Section 19.2 18.2 is held by any court to be unenforceable or unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions contained herein shall be enforced independently of each other.

Physician Confidentiality Covenant. From the date hereof, the Physician shall not, directly or indirectly, use for any purpose, other than in connection with the performance of the Physician's duties under the Physician Employment Agreement with New P.C., or disclose to any third party, any information of the Subsidiary, Vision 21 or the Company, as appropriate (whether written or oral), including any business management or economic studies, patient lists, proprietary forms, proprietary business or management methods, marketing data, fee schedules, or trade secrets of the Subsidiary, Vision 21 or of the Company, as applicable, and including the terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Notwithstanding the foregoing, the Physician may disclose information that the Physician can establish (a) is or becomes generally available to and known by the public or medical community (other than as a result of an unpermitted disclosure directly or indirectly by the Physician or his Affiliates, advisors, or representatives); (b) is or becomes available to the Physician on a nonconfidential basis from a source other than the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the Subsidiary or Vision 21, the Company or their respective Affiliates, advisors or representatives of which the Physician has knowledge; or (c) has already been or is hereafter independently acquired or developed by the Physician without violating any confidentiality agreement with or other obligation of secrecy to the Subsidiary, Vision 21, the Company or their respective Affiliates, advisors or representatives. Without limiting the other possible remedies to the Subsidiary and Vision 21 for the breach of this covenant, the Physician agrees that injunctive or other equitable relief shall be available to enforce this covenant, such relief to be without the necessity of posting a bond, cash or otherwise. The Physician further agrees that if any restriction contained in this Section 19.2 18.2 is held by any court to be unenforceable or unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions contained herein shall be enforced independently of each other.

Physician Confidentiality Covenant. From the date hereof, the Physician shall not, directly or indirectly, use for any purpose, other than in connection with the performance of the Physician's duties under the Physician Employment Agreement with New P.C.P.A., or disclose to any third party, any material information of Vision 21, the Subsidiary, Vision 21 Company or the CompanyPartnership, as appropriate (whether written or oral), including any business management or economic studies, patient lists, proprietary forms, proprietary business or management methods, marketing data, fee schedules, or trade secrets of Vision 21, of the Subsidiary, Vision 21 Company or of the CompanyPartnership, as applicable, and including the terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Notwithstanding the foregoing, the Physician may disclose information that the Physician can establish (a) is or becomes generally available to and known by the public or medical community (other than as a result of an unpermitted disclosure directly or indirectly by the Physician or his Affiliates, advisors, or representatives); (b) is or becomes available to the Physician on a nonconfidential basis from a source other than the Subsidiary or Vision 21, the Company Company, the Partnership or their respective Affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the Subsidiary or Vision 21, the Company Company, the Partnership or their respective Affiliates, advisors or representatives of which the Physician has knowledge; or (c) has already been or is hereafter independently acquired or developed by the Physician without violating any confidentiality agreement with or other obligation of secrecy to the Subsidiary, Vision 21, the Company Company, the Partnership or their respective Affiliates, advisors or representatives. Without limiting the other possible remedies to the Subsidiary and Vision 21 for the breach of this covenant, the Physician agrees that injunctive or other equitable relief shall be available to enforce this covenant, such relief to be without the necessity of posting a bond, cash or otherwise. The Physician further agrees that if any restriction contained in this Section 19.2 18.2 is held by any court to be unenforceable or unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions contained herein shall be enforced independently of each other.