Common use of Practice of Optometry Clause in Contracts

Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said duties. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the Office, the discipline of any Professionals who are Practice Employees, the fees charged for professional services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional ----------------------- Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the OfficeOffice (except to the extent necessary to establish the Budget), the discipline of any Professionals who are Practice Employeesemployees, the fees charged for professional services Professional Eye Care Services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Retail Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Retail Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Retail Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel in the performance of any and all Clinical Duties and shall be subject solely to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and and, in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Retail Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Retail Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services optometric and/or therapeutic optometric services provided to patients of the OfficeDispensary, the frequency of patient contacts at the OfficeDispensary, the discipline of any Professionals who are Practice Employees, the fees charged for professional services provided to patients of the Office Dispensary (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the Office, the discipline of any Professionals who are Practice Employeesemployees, the fees charged for professional services Professional Eye Care Services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Retail Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Retail Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Retail Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel in the performance of any and all Clinical Duties shall be subject solely to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and and, in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Retail Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Retail Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of optometric and/or therapeutic optometric services provided to patients of the Dispensary, the discipline of any Professionals who are Practice employees, the fees charged for Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the Office, the discipline of any Professionals who are Practice Employees, the fees charged for professional services provided to patients of the Office Dispensary (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the OfficeOffice (except to the extent necessary to establish the Budget), the discipline of any Professionals who are Practice Employeesemployees, the fees charged for professional services Professional Eye Care Services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional ----------------------- Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, supervision and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, practice or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, influence or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the OfficeOffice (except to the extent necessary to establish the Budget), the discipline of any Professionals who are Practice Employeesemployees, the fees charged for professional services Professional Eye Care Services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry or Medicine to constitute the practice of optometryoptometry or ophthalmology, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, supervision and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said dutiesManager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, practice or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, influence or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the OfficeOffice (except to the extent necessary to establish the Budget), the discipline of any Professionals who are Practice Employeesemployees, the fees charged for professional services Professional Eye Care Services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.

Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said duties. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the Office, the discipline of any Professionals who are Practice Employees, the fees charged for professional services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.