Texas Business and Commerce Code Section 15 Sample Clauses

Texas Business and Commerce Code Section 15. 50. To the extent that a court determines that the Texas Business and Commerce Code Section 15.50(b) applies to the restrictive covenants set forth in Section 12.1 as a result of an action brought by PainCare, the Subsidiary, the New PC or another Person enforcing the terms of such restrictive covenants, the following provisions will apply (in all other events where a court does not hold so, or the Parties agree otherwise, the Shareholder shall have none of buyout rights indicated hereunder):
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Texas Business and Commerce Code Section 15. 50. The parties hereto agree that Seller is free to provide professional services at any facility Seller or his patients or payors select, and Seller is able to maintain a professional physician practice (but not an ambulatory surgery center or any other outpatient surgical facility) at any location, including within the geographic radius prescribed in Section 11.2 hereof. Accordingly, the parties hereto acknowledge and agree that Section 15.50(b) of the Texas Business and Commerce Code should not apply to the restrictive covenants set forth in this Agreement. As such, Seller hereby agrees to waive any rights to challenge the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code, and neither Seller nor any of his agents or representatives shall commence, participate in or be a party to any litigation or any other type of action which challenges, directly or indirectly, the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code.
Texas Business and Commerce Code Section 15. 50. The parties hereto agree that each Physician Partner is free to provide professional services at any facility such Physician Partner or his or her patients or payors select, and such Physician Partner is able to maintain a professional physician practice (but not an ambulatory surgery center or any other outpatient surgical facility) at any location, including within the geographic radius prescribed in Section 11.2 hereof. Accordingly, the parties hereto acknowledge and agree that Section 15.50(b) of the Texas Business and Commerce Code should not apply to the restrictive covenants set forth in this Agreement. As such, each Physician Partner hereby agrees to waive any rights to challenge the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code, and neither the Physician Partners nor any of their agents or representatives shall commence, participate in or be a party to any litigation or any other type of action which challenges, directly or indirectly, the restrictive covenants set forth herein on the basis that such covenants are subject to Section 15.50(b) of the Texas Business and Commerce Code.

Related to Texas Business and Commerce Code Section 15

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