Common use of RESPONSIBILITIES OF SERVICE COMPANY Clause in Contracts

RESPONSIBILITIES OF SERVICE COMPANY. During the Term, Service Company shall provide all such Services as are necessary and appropriate for the day-to-day administration of the business aspects of Provider's operations, including without limitation those services set forth in this Article, provided that all such services shall be subject to the applicable Budget. (S)4.1 Clinics ------- (a) Service Company shall lease, acquire or otherwise procure a Clinic in such locations as are approved by the Policy Board, taking into consideration the professional concerns of Provider. The expenses associated with any such leasing, acquisition, or procurement shall be Clinic Expenses. Any Clinic procured by Service Company for use by Provider shall be procured at commercially reasonable rates. Any move from a present Provider practice location shall be made only after Service Company has received Provider Consent. (b) In the event Provider is the lessee of a Clinic under a lease with an unrelated and nonaffiliated lessor, Service Company may require Provider to assign such lease to Service Company upon receipt of consent from the lessor. Provider shall exercise all reasonable efforts to assist in obtaining the lessor's consent to the assignment. Any expenses incurred in the assignment shall be Clinic Expenses. (c) Service Company shall be responsible for the repair and maintenance of each Clinic, in a manner consistent with Service Company's responsibilities under the terms of any lease or other use arrangement relating to that Clinic, the costs and expenses of which shall be a Clinic Expense; provided that the costs and expenses of any repairs or maintenance necessitated by the negligence or willful misconduct of Provider or its dentists, other personnel, agents, or invitees shall be a Provider Expense.

Appears in 4 contracts

Samples: Service Agreement (American Dental Partners Inc), Service Agreement (American Dental Partners Inc), Service Agreement (American Dental Partners Inc)

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RESPONSIBILITIES OF SERVICE COMPANY. During the Term, Service Company shall provide all such Services as are necessary and appropriate for the day-to-day administration of the business aspects of Provider's operations, including without limitation those services set forth in this Article, provided that all such services shall be subject to the applicable Budget. (S)4.1 Clinics ------- (a) Service Company shall locate, lease, acquire or otherwise procure a Clinic in such locations as are approved by the Policy BoardClinic, taking into consideration the professional concerns of Provider. The expenses associated with any such leasing, acquisition, or procurement shall be Clinic Expenses. Any Clinic procured by Service Company for use by Provider shall be procured at commercially reasonable rates. Any move from a present Provider practice location shall be made only after Service Company has received Provider Consent. (b) In the event Provider is the lessee of a Clinic under a lease with an unrelated and nonaffiliated lessor, Service Company may require Provider to assign such lease to Service Company upon receipt of consent from the lessor. Provider shall exercise all reasonable efforts to assist in obtaining the lessor's consent to the assignment. Any expenses incurred in the assignment shall be Clinic Expenses. (c) Service Company shall be responsible for the repair and maintenance of each Clinic, in a manner consistent with Service Company's responsibilities under the terms of any lease or other use arrangement relating to that Clinic, the costs and expenses of which shall be a Clinic Expense; provided that the costs and expenses of any repairs or maintenance necessitated by the negligence or willful misconduct of Provider or its dentists, other personnel, agents, or invitees shall be a Provider Expense.

Appears in 1 contract

Samples: Service Agreement (American Dental Partners Inc)

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