Common use of Termination By Business Manager Clause in Contracts

Termination By Business Manager. Business Manager may terminate ------------------------------- this Management Services Agreement upon the occurrence of any one of the following events which shall be deemed to be "for cause:" (i) The suspension, restriction materially impairing Physician's ability to practice medicine, revocation or cancellation of any Physician-Shareholder's l icense to practice medicine in the Commonwealth of Virginia; (ii) Practice's loss or suspension of its Medicare or Medicaid provider number (excluding any such loss or suspension which is attributable to Business Manager's acts or omissions), and/or Practice's restriction from treating patients of the Medicare or Medicaid programs; (iii) The dissolution of Practice or the filing by Practice of a petition in voluntary bankruptcy, an assignment for the benefit of creditors, or other action taken voluntarily under any state or federal statute for the protection of debtors; (iv) The filing against Practice of an involuntary petition under any bankruptcy statute, or the appointment of a custodian, receiver, trustee or assignee for the benefit of creditors, and such condition shall continue undischarged or undismissed for ninety (90) days; and (v) Practice materially defaults in the performance of any of its material duties or obligations hereunder, and shall fail to cure such default within sixty (60) days after Practice receives notice from Business Manager specifying the nature of such default; provided, however, that in -------- ------- the event such breach is of a nature that it cannot reasonably be cured within such sixty (60) day period, then Business Manager may terminate this Agreement only if Practice shall fail to commence to cure such default within such sixty (60) day period and thereafter to proceed diligently to cure such default; provided further, that irrespective of Practice's -------- ------- diligent efforts to cure such default, Business Manager may terminate this Agreement if Practice fails to cure such default within one hundred twenty (120) days after Practice received the original notice from Business Manager specifying the nature of such default.

Appears in 2 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

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Termination By Business Manager. Business Manager may terminate ------------------------------- this Management Services Agreement upon the occurrence of any one of the following events which shall be deemed to be for "for causeBusiness Manager Cause":" (i) The suspensionsuspension or restriction for more than thirty (30) consecutive days, restriction materially impairing Physician's ability to practice medicine, revocation or cancellation the revocations or cancellations of any Physicianthree (3) Physicians' licenses within a single twelve-Shareholder's l icense month period to practice medicine in the Commonwealth States of VirginiaIllinois and/or Indiana, as applicable, if, in the reasonable judgment of the Business Manager, Practice will not be financially viable after such revocations, suspensions, cancellations or restrictions; (ii) Practice's loss or suspension of its Medicare or Medicaid provider number (excluding any such loss or suspension which is attributable to Business Manager's acts or omissions)number, and/or Practice's restriction from treating patients of the Medicare or Medicaid programsprograms for a period of more than thirty (30) consecutive days if, in the reasonable judgment of Business Manager, Practice will not be financially viable after such loss or suspension; (iii) The dissolution of Practice Practice, or the filing by Practice of a petition in voluntary bankruptcy, an assignment for the benefit of creditors, or other action taken voluntarily under any state or federal statute for the protection of debtors; (iv) The filing against Practice of an involuntary petition under any bankruptcy statute, or the appointment of a custodian, receiver, trustee or assignee for the benefit of creditors, and such condition shall continue undischarged or undismissed for ninety sixty (9060) days; and (v) Practice materially defaults in the performance of any of its material duties or obligations hereunder, and shall fail to cure such default within sixty (60) days after Practice receives notice from Business Manager specifying the nature of such default; provided, however, that in -------- ------- the event such breach is of a nature that it cannot reasonably be cured within such sixty (60) day period, then Business Manager may terminate this Agreement only if Practice shall fail to commence to cure such default within such sixty (60) day period and thereafter to proceed diligently to cure such default; provided further, that irrespective of Practice's -------- ------- diligent efforts to cure such default, Business Manager may terminate this Agreement if Practice fails to cure such default within one hundred twenty (120) days after Practice received the original notice from Business Manager specifying the nature of such default.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

Termination By Business Manager. Business Manager may terminate ------------------------------- this Management Services Agreement upon the occurrence of any one of the following events which shall be deemed to be for "for causeBusiness Manager Cause":" (i) The suspensionsuspension or restriction for more than thirty (30) consecutive days, restriction materially impairing Physician's ability to practice medicine, revocation or cancellation the revocations or cancellations of any Physicianthree (3) Physicians' licenses within a single twelve-Shareholder's l icense month period to practice medicine in the Commonwealth States of VirginiaIllinois and/or Indiana, as applicable, if, in the reasonable judgment of the Business Manager, Practice will not be financially viable after such revocations, suspensions, cancellations or restrictions; (ii) Practice's loss or suspension of its Medicare or Medicaid provider number (excluding any such loss or suspension which is attributable to Business Manager's acts or omissions)number, and/or Practice's restriction from treating patients of the Medicare or Medicaid programsprograms for a period of more than thirty (30) consecutive days if, in the reasonable judgment of Business Manager, Practice will not be financially viable after such loss or suspension; (iii) The dissolution of Practice Practice, or the filing by Practice of a petition in voluntary bankruptcy, an assignment for the benefit of creditors, or other action taken voluntarily under any state or federal statute for the protection of debtors; (iv) The filing against Practice of an involuntary petition under any bankruptcy statute, or the appointment of a custodian, receiver, trustee or assignee for the benefit of creditors, and such condition shall continue undischarged or undismissed for ninety sixty (9060) days; and (v) Practice materially defaults in the performance of any of its material duties or obligations hereunder, and shall fail to cure such default within sixty (60) days after Practice receives notice from Business Manager specifying the nature of such default; provided, however, that in -------- ------- the event such breach is of a nature that it cannot reasonably be cured within such sixty (60) day period, then Business Manager may terminate this Agreement only if Practice shall fail to commence to cure such default within such sixty (60) day period and thereafter to proceed diligently to cure such default; provided further, that irrespective of Practice's -------- ------- diligent efforts to cure such default, Business Manager may terminate this Agreement if Practice fails to cure such default within one hundred twenty (120) days after Practice received the original notice from Business Manager specifying the nature of such default.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

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Termination By Business Manager. Business Manager may terminate ------------------------------- this Management Services Agreement upon the occurrence of any one of the following events which shall be deemed to be "for cause:" (i) The suspension, restriction materially impairing Physician's ability to practice medicine, revocation or cancellation of any Physician-Physician- Shareholder's l icense license to practice medicine in the Commonwealth of Virginia; (ii) Practice's loss or suspension of its Medicare or Medicaid provider number (excluding any such loss or suspension which is attributable to Business Manager's acts or omissions), and/or Practice's restriction from treating patients of the Medicare or Medicaid programs; (iii) The dissolution of Practice or the filing by Practice of a petition in voluntary bankruptcy, an assignment for the benefit of creditors, or other action taken voluntarily under any state or federal statute for the protection of debtors; (iv) The filing against Practice of an involuntary petition under any bankruptcy statute, or the appointment of a custodian, receiver, trustee or assignee for the benefit of creditors, and such condition shall continue undischarged or undismissed for ninety (90) days; and (v) Practice materially defaults in the performance of any of its material duties or obligations hereunder, and shall fail to cure such default within sixty (60) days after Practice receives notice from Business Manager specifying the nature of such default; provided, however, that in -------- ------- the event such breach is of a nature that it cannot reasonably be cured within such sixty (60) day period, then Business Manager may terminate this Agreement only if Practice shall fail to commence to cure such default within such sixty (60) day period and thereafter to proceed diligently to cure such default; provided further, that irrespective of Practice's -------- ------- diligent efforts to cure such default, Business Manager may terminate this Agreement if Practice fails to cure such default within one hundred twenty (120) days after Practice received the original notice from Business Manager specifying the nature of such default.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

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