Common use of Appointment of Members Clause in Contracts

Appointment of Members. As of the Effective Date, the Policy Board ---------------------- shall consist of the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar year, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 2 contracts

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

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Appointment of Members. As of the Effective Date, the The initial Policy Board ---------------------- shall consist of ---------------------- the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. ----------- Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar yearfiscal year of Business Manager, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar fiscal year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar fiscal year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 2 contracts

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

Appointment of Members. As of the Effective Date, the The Policy Board ---------------------- shall consist of the ---------------------- members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. ----------- Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar year, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 2 contracts

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

Appointment of Members. As of the Effective Date, the The initial Policy Board ---------------------- shall consist of the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar yearfiscal year of Business Manager, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar fiscal year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar fiscal year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 2 contracts

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

Appointment of Members. As of the Effective Date, the The initial Policy Board ---------------------- shall consist ---------------------- of the members set forth on Exhibit 3.1 attached hereto and incorporated ----------- incorporated herein. Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar yearfiscal year of Business Manager, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar fiscal year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar fiscal year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 2 contracts

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

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Appointment of Members. As of the Effective Date, the The Policy Board ---------------------- shall consist of the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar year, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

Appointment of Members. As of the Effective Date, the Policy Board ---------------------- shall consist of the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. Thereafter, annually and at least thirty (30) days prior to the commencement of each calendar year, each of Business Manager and the Regional Practices shall deliver to the Operating Board of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

Appointment of Members. As of the Effective Date, the Policy ---------------------- Board ---------------------- shall consist consists of the members set forth on Exhibit 3.1 attached hereto and ----------- incorporated herein. Thereafter, annually Annually and at least thirty (30) days prior to the commencement of each calendar yearfiscal year of Business Manager, each of Business Manager and the Regional Practices (collectively) shall deliver to the Operating Board board of directors of Business Manager a list of two (2) designees to the Policy Board to serve as members of the Policy Board for the upcoming calendar fiscal year. In the event that either Business Manager or the Regional Practices fail to deliver the list of designees by the required date, then such party's representatives on the Policy Board shall remain the same for the upcoming calendar fiscal year. Any vacancies created, whether by death, incapacity or resignation of a designee, shall be filled by the party which appointed such designee by no later than fifteen (15) business days after the date of receipt by all of the Regional Practices of notice from Business Manager that such vacancy exists and must be filled. If the applicable party shall fail to designate a replacement member to the Policy Board within the required time period, then the other party shall have the right to designate the replacement member and such replacement member shall serve on the Policy Board until his or her successor is duly appointed pursuant to this Section 3.1(b). In any case in which the Regional Practices shall be required to designate a member or members to the Policy Board, a previously appointed designee of the Regional Practices shall convene a meeting or collect the written votes of the Representatives of the Regional Practices to select such designee or designees. Each Regional Practice shall be entitled to one vote per designee to be appointed by the Regional Practice and those designees receiving a plurality of the votes shall serve as the representatives of the Regional Practices on the Policy Board. Each of Business Manager and the Regional Practices shall have the discretion, at any time and upon ten (10) days notice to such other party, to remove any of its designated representatives from the Policy Board and replace such representative with a new designee.

Appears in 1 contract

Samples: Management Services Agreement (Novamed Eyecare Inc)

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