Common use of Specific Termination by Manager Clause in Contracts

Specific Termination by Manager. Except as otherwise provided herein, Manager may terminate this Agreement by giving written notice (the “Termination Notice”) to VA, if: (i) VA and/or any Physician is suspended or prohibited from participating in the Medicare or Medicaid programs, or are excluded from entering into healthcare provider agreements with the managed care or healthcare insurance industry and such suspension, prohibition or exclusion is not rescinded within thirty (30) days following the commencement thereof; (ii) any Physician has his or her license to practice medicine in any State or his or her Drug Enforcement Number suspended, relinquished, terminated, restricted or revoked and the same is not reinstated within thirty (30) days thereafter; (iii) any Physician has his or her medical staff privileges at any hospital or medical facility suspended, terminated, restricted or revoked due to professional competence and the same is not reinstated within thirty (30) da ys thereafter; (iv) any Physician has been reprimanded, sanctioned or disciplined by any licensing board, or any federal, state or local society or agency, governmental body or specialty board; (v) a Physician breaches the restrictive covenant in his or her Physician Employment Contract, Physician Independent Contractor Agreement or in this Agreement; (vi) any Physician fails to comply with the general policies and procedures of VA or Manager; (vii) any Physician does not comply with applicable standards of providing quality medical care; or

Specific Termination by Manager. Except as otherwise provided herein, Manager may terminate this Agreement by giving written notice (to the “Termination Notice”) to VAPractice Operator, if: (i) VA and/or the Practice Operator or any Physician is suspended or prohibited from participating in the Medicare or Medicaid programs, programs or are excluded from entering into healthcare provider agreements with the managed care or healthcare insurance industry and such suspension, prohibition or exclusion is not rescinded within thirty (30) days following the commencement thereof; (ii) any Physician has his or his/her license to practice medicine in any State state or his or his/her Drug Enforcement Number suspended, relinquished, terminated, restricted or revoked and the same is not reinstated within thirty (30) days thereafter; (iii) any Physician has his or his/her medical staff privileges at any hospital or medical facility suspended, terminated, restricted or revoked due to professional competence incompetence and the same is not reinstated within thirty (30) da ys days thereafter; (iv) any Physician has been reprimanded, sanctioned or disciplined by any licensing board, or any federal, state or local society or agency, governmental body or specialty board; (v) a Physician breaches the restrictive covenant in his or his/her Physician Employment Contract, Physician Independent Contractor Agreement Contract or in this Agreement; (vi) any Physician fails to comply with the general policies and procedures of VA the Practice Operator or Manager; (vii) any Physician does not comply with applicable standards of providing quality medical care; oror (viii) any Physician demonstrates professional incompetence in the rendering of quality medical care, as determined by the Manager at its sole discretion. Notwithstanding the foregoing, if this Agreement would terminate as a result of the action described in (i) through (iv) of this Section 11.3 applying to a Physician, then this Agreement still shall not terminate if such Physician is terminated by the Practice Operator within thirty (30) calendar days after the Practice Operator receives written notice from Manager to terminate such Physician’s employment with the Practice Operator; provided, however, if the event precludes such Physician from practicing medicine, the applicable Physician must be terminated immediately. If the Practice Operator does have the obligation to replace the terminated Physician pursuant to the foregoing sentence, then the Practice Operator shall have twelve (12) months from the date of the terminated Physician’s departure to make such replacement. Additionally, Manager may also terminate this Agreement if any Physician breaches any of his or her restrictive covenants (i.e., in (v) above); provided, however, in such a situation this Agreement shall not terminate if: (i) the Practice Operator immediately terminates the Physician; and (ii) the Practice Operator enforces, and cooperates with Manager to enforce, the restrictive covenant and non-competition provisions contained in the Physician Employment Agreement, Physician Independent Contractor Agreement, this Agreement or any other applicable agreement to which the Practice Operator is a party.