Common use of RESTRICTIVE COVENANTS BY THE ORTHODONTIC ENTITY Clause in Contracts

RESTRICTIVE COVENANTS BY THE ORTHODONTIC ENTITY. (a) During the term of this Agreement and for a period of two years after termination of this Agreement for any reason other than pursuant to SECTION hereof, the Orthodontic Entity shall not without the prior written consent of Apple (i) establish, operate or provide orthodontic services at any orthodontic office, clinic or other health care facility providing services similar to those provided by the Orthodontic Entity, or (ii) engage or participate in any business which engages in competition with the business conducted by AOI Group; in either case anywhere within __ miles of any Premises. (b) The Orthodontic Entity agrees that in the event of a breach of SECTION above, the Orthodontic Entity shall pay to Apple an amount equal to the greater of (i) $200,000, and (ii) an amount equal to the gross cash receipts of the Orthodontic Entity for the preceding twelve (12) months. (c) The Orthodontic Entity agrees that the noncompetition restrictions set forth in this Agreement are reasonable as to time and geographic area.

Appears in 2 contracts

Samples: Service Agreement (Apple Orthodontix Inc), Service Agreement (Apple Orthodontix Inc)

AutoNDA by SimpleDocs

RESTRICTIVE COVENANTS BY THE ORTHODONTIC ENTITY. (a) During the term of this Agreement and for a period of two years after termination of this Agreement for any reason other than pursuant to SECTION 9.3 hereof, the Orthodontic Entity shall not without the prior written consent of Apple (i) establish, operate or provide orthodontic services at any orthodontic office, clinic or other health care facility providing services similar to those provided by the Orthodontic Entity, or (ii) engage or participate in any business which engages in competition with the business conducted by AOI Group; in either case anywhere within __ 50 miles of any Premises. (b) The Orthodontic Entity agrees that in the event of a breach of SECTION 5.1(a) above, the Orthodontic Entity shall pay to Apple an amount equal to the greater of (i) $200,000, and (ii) an amount equal to the gross cash receipts of the Orthodontic Entity for the preceding twelve (12) months. (c) The Orthodontic Entity agrees that the noncompetition restrictions set forth in this Agreement are reasonable as to time and geographic area.

Appears in 1 contract

Samples: Service Agreement (Apple Orthodontix Inc)

RESTRICTIVE COVENANTS BY THE ORTHODONTIC ENTITY. (a) During the term of this Agreement and for a period of two years after termination of this Agreement for any reason other than pursuant to SECTION 9.3 hereof, the Orthodontic Entity shall not without the prior written consent of Apple (i) establish, operate or provide orthodontic services at any orthodontic office, clinic or other health care facility providing services similar to those provided by the Orthodontic Entity, or (ii) engage or participate in any business which engages in competition with the business conducted by AOI Group; in either case anywhere within __ 25 miles of any Premises. (b) The Orthodontic Entity agrees that in the event of a breach of SECTION 5.1(a) above, the Orthodontic Entity shall pay to Apple an amount equal to the greater of (i) $200,000, and (ii) an amount equal to the gross cash receipts of the Orthodontic Entity for the preceding twelve (12) months. (c) The Orthodontic Entity agrees that the noncompetition restrictions set forth in this Agreement are reasonable as to time and geographic area.

Appears in 1 contract

Samples: Service Agreement (Apple Orthodontix Inc)

AutoNDA by SimpleDocs

RESTRICTIVE COVENANTS BY THE ORTHODONTIC ENTITY. (a) During the term of this Agreement and for a period of two years after termination of this Agreement for any reason other than pursuant to SECTION 9.3 hereof, the Orthodontic Entity shall not without the prior written consent of Apple (i) establish, operate or provide orthodontic services at any orthodontic office, clinic or other health care facility providing services similar to those provided by the Orthodontic Entity, or (ii) engage or participate in any business which engages in competition with the business conducted by AOI Group; in either case anywhere within ____ miles of any Premises. (b) The Orthodontic Entity agrees that in the event of a breach of SECTION 5.1(a) above, the Orthodontic Entity shall pay to Apple an amount equal to the greater of (i) $200,000, and (ii) an amount equal to the gross cash receipts of the Orthodontic Entity for the preceding twelve (12) months. (c) The Orthodontic Entity agrees that the noncompetition restrictions set forth in this Agreement are reasonable as to time and geographic area.

Appears in 1 contract

Samples: Service Agreement (Apple Orthodontix Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!