Common use of Physician Owner Change in Practice/Group Affiliation Clause in Contracts

Physician Owner Change in Practice/Group Affiliation. In the event that a Physician Owner leaves the employment of or terminates his or her affiliation with TOC, then the terminating Physician Owner may, but shall not be obligated to, join or establish another group/practice which has or will enter into a Service Agreement with Company upon such terminating Physician Owner's affiliation with such new group/practice. Upon entering into such new Service Agreement, the terminating Physician Owner shall, except as limited by separate employment agreements between TOC and Physician Owners, be released from any obligation under this Service Agreement. Company shall have the right to enter into such new Service Agreement without satisfying the requirements of paragraph G of Exhibit 11. In the event that (i) TOC consents to the Company entering into the new Service Agreement, (ii) entering into the new Service Agreement will not adversely affect the operations and earnings of the Company, and (iii) the new group/practice can satisfy the representations and warranties set forth in Article XIII of this Agreement, then Company will not unreasonably withhold or refrain from entering into a new Service Agreement with the terminating Physician Owner's new group/practice. Except as set forth in the event that the Physician Owner affiliates with a new group/practice that is not a party to a Service Agreement with Company, then Company, at its option, may terminate this Agreement solely with respect to the terminating Physician Owner, and the provisions of Exhibit 11 shall apply. In the event that Company does not enter into a new Service Agreement, then Company shall terminate this Agreement with respect to such Physician Owner, and the terminating Physician Owner shall be obligated as described in Sections 11.9.1 (a) and 11.9.1(e) of this Agreement; provided, however, if such termination is within the first five (5) years of the term of this Agreement, the terminating Physician Owner shall also be obligated as described in Sections 11.9.1.(a), 11.9.1(b), 11.9.1(c), 11.9.1(d) and 11.9.1(e).

Physician Owner Change in Practice/Group Affiliation. In the event that a Physician Owner leaves the employment of or terminates his or her affiliation with TOCVERO II, then the terminating Physician Owner may, but shall not be obligated to, may join or establish another group/practice which has or will enter into a Service Agreement with Company upon such terminating Physician Owner's affiliation with such new group/practice. Upon entering into such new Service Agreement, the terminating Physician Owner shall, except as limited by separate employment agreements between TOC VERO II and Physician Owners, be released from any obligation under this Service Agreement. Company shall have the right to enter into such new Service Agreement without satisfying the requirements of paragraph G of Exhibit 11. In the event that (i) TOC VERO II consents to the Company entering into the new Service Agreement, (ii) entering into the new Service Agreement will not adversely affect the operations and earnings of the Company, and (iii) the new group/practice can satisfy the representations and warranties set forth in Article XIII of this Agreement, then Company will not unreasonably withhold or refrain from entering into a new Service Agreement with the terminating Physician Owner's new group/practice. Except as set forth herein, in the event that the Physician Owner affiliates with a new group/practice that is not a party to a Service Agreement with Company, then Company, at its option, may terminate this Agreement solely with respect to the terminating Physician Owner, and the provisions of Exhibit 11 shall apply. In the event that Company does not enter into a new Service Agreement, then Company shall terminate this Agreement with respect to such Physician Owner, and the terminating Physician Owner shall be obligated as described in Sections 11.9.1 (a) 11.9.1(a), and 11.9.1(e) of this Agreement; provided, however, if such termination is within the first five (5) years of the term of this Agreement, the terminating Physician Owner shall also be obligated as described in Sections 11.9.1.(a), 11.9.1(b11.9.1.(b), 11.9.1(c11.9.1.(c), 11.9.1(d11.9.1.(d) and 11.9.1(e11.9.1.(e).

Physician Owner Change in Practice/Group Affiliation. In the event that a Physician Owner leaves the employment of or terminates his or her affiliation with TOCGCOA, then the terminating Physician Owner may, but shall not be obligated to, may join or establish another group/practice which has or will enter into a Service Agreement with Company upon such terminating Physician Owner's affiliation with such new group/practice. Upon entering into such new Service Agreement, the terminating Physician Owner shall, except as limited by separate employment agreements between TOC GCOA and Physician Owners, be released from any obligation under this Service Agreement. Company shall have the right to enter into such new Service Agreement without satisfying the requirements of paragraph G of Exhibit 11. In the event that (i) TOC GCOA consents to the Company entering into the new Service Agreement, (ii) entering into the new Service Agreement will not adversely affect the operations and earnings of the Company, and (iii) the new group/practice can satisfy the representations and warranties set forth in Article XIII of this Agreement, then Company will not unreasonably withhold or refrain from entering into a new Service Agreement with the terminating Physician Owner's new group/practice. Except as set forth herein, in the event that the Physician Owner affiliates with a new group/practice that is not a party to a Service Agreement with Company, then Company, at its option, may terminate this Agreement solely with respect to the terminating Physician Owner, and the provisions of Exhibit 11 shall apply. In the event that Company does not enter into a new Service Agreement, then Company shall terminate this Agreement with respect to such Physician Owner, and the terminating Physician Owner shall be obligated as described in Sections 11.9.1 (a) and 11.9.1(e) of this Agreement; provided, however, if such termination is within the first five (5) years of the term of this Agreement, the terminating Physician Owner shall also be obligated as described in Sections 11.9.1.(a), 11.9.1(b), 11.9.1(c), 11.9.1(d) and 11.9.1(e).

Physician Owner Change in Practice/Group Affiliation. In the event that a Physician Owner leaves the employment of or terminates his or her affiliation with TOCROAII, then the terminating Physician Owner may, but shall not be obligated to, may join or establish another group/practice which has or will enter into a Service Agreement with Company upon such terminating Physician Owner's affiliation with such new group/practice. Upon entering into such new Service Agreement, the terminating Physician Owner shall, except as limited by separate employment agreements between TOC ROAII and Physician Owners, be released from any obligation under this Service Agreement. Company shall have the right to enter into such new Service Agreement without satisfying the requirements of paragraph G of Exhibit 11. In the event that (i) TOC ROAII consents to the Company entering into the new Service Agreement, (ii) entering into the new Service Agreement will not adversely affect the operations and earnings of the Company, and (iii) the new group/practice can satisfy the representations and warranties set forth in Article XIII of this Agreement, then Company will not unreasonably withhold or refrain from entering into a new Service Agreement with the terminating Physician Owner's new group/practice. Except as set forth in In the event that the Physician Owner affiliates with a new group/practice that is not a party to a Service Agreement with Company, then Company, at its option, may terminate this Agreement solely with respect to the terminating Physician Owner, and the provisions of Exhibit 11 shall apply. In the event that Company does not enter into a new Service Agreement, then Company shall terminate this Agreement with respect to such Physician Owner, and the terminating Physician Owner shall be obligated as described in Sections Section 11.9.1 (a) and 11.9.1(e) of this Agreement; provided, howeverprovided that if such terminating Physician Owner elects to, and has located a replacement physician, Company shall waive the remaining months of the twelve (12) month notice period described in Section 11.9.1(a), and such termination shall be effective upon the earlier of twelve (12) months from the date of notice or commencement of the replacement physician's employment and provided further that if such termination is within the first five (5) years of the term of this Agreement, the terminating Physician Owner shall also be obligated as described in Sections Section 11.9.1.(a), 11.9.1(b), 11.9.1(c), 11.9.1(d) and 11.9.1(e).