Common use of Physician Services Clause in Contracts

Physician Services. During the term of this Management Agreement, neither Group nor any Group Physician shall provide any medical services except in accordance with the terms of this Management Agreement. A Group Physician who terminates employment by Group shall be relieved of this obligation, except that for a period of one (1) year following termination of employment, such Group Physician shall not practice medicine or solicit any Patient of Group served at the Practice Site for the purpose of treating such patient at a medical facility within a three (3) mile radius of such Practice Site. The parties agree that the duration, area and scope of activities restricted hereunder are reasonable and necessary to protect Manager's legitimate business interests. In the event that a court or arbitrator shall determine that this covenant is unenforceable because of its area, duration or prohibited scope of activities, this covenant shall be construed, in a manner consistent with applicable law, to provide the maximum restriction on the activities of Group and Group Physicians. Manager shall not, during the term of this Agreement, contract with any physician or group of physicians to provide services at a Practice Site or within a three (3) mile radius of a Practice Site, unless Manager offers Group the opportunity to Group to provide the services and Group declines to provide Group Physicians or hire new physicians necessary to provide the requested services.