Common use of Refusal to Comply Clause in Contracts

Refusal to Comply. In the event that Dental Group or Manager ----------------- refuses or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, the non-complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith. Neither Dental Group nor Manager shall be required to participate in such good faith mediation if it reasonably concludes that the delay associated with pursuing such mediation likely would cause harm or injury to it or the Practice.

Refusal to Comply. In the event that Dental Group or Manager ----------------- refuses or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-non- complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, the non-complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith. Neither Dental Group nor Manager shall be required to participate in such good faith mediation if it reasonably concludes that the delay associated with pursuing such mediation likely would cause harm or injury to it or the Practice.

Refusal to Comply. In the event that Dental Group or Manager ----------------- refuses or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-non- complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, the non-non- complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith. Neither Dental Group nor Manager shall be required to participate in such good faith mediation if it reasonably concludes that the delay associated with pursuing such mediation likely would cause harm or injury to it or the Practice.

Refusal to Comply. In the event that Dental Group or Manager ----------------- refuses or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-non- complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, the non-complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-non complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith. Neither Dental Group nor Manager shall be required to participate in such good faith mediation if it reasonably concludes that the delay associated with pursuing such mediation likely would cause harm or injury to it or the Practice.