Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the effective date of this Agreement, are interpreted by judicial decision, a regulatory agency or legal counsel for both parties in such a manner as to indicate that the structure of this Agreement may be in violation of such laws or regulations, the Orthodontic Entity and Premier shall amend this Agreement as necessary. To the maximum extent possible, any such amendment shall preserve the underlying economic and financial arrangements between the Orthodontic Entity and Premier.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the date hereof, are interpreted by judicial decision, a regulatory agency or independent legal counsel in such a manner as to indicate that this Agreement or any provision hereof may be in violation of such laws or regulations, the Group and Administrator shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements between the Group and Administrator and without substantial economic detriment to either party. If this Agreement cannot be so amended, the terms of Section 10.3(c) and 10.4(b) shall apply. To the extent any act or service required of Administrator in this Agreement should be construed or deemed, by any governmental authority, agency or court to constitute the practice of medicine, the performance of said act or service by Administrator shall be deemed waived and forever unenforceable and the provisions of this Section 12.6 shall be applicable. Neither party shall claim or assert illegality as a defense to the enforcement of this Agreement or any provision hereof; instead, any such purported illegality shall be resolved pursuant to the terms of this Section 12.6 and Section 12.9.
Contract Modifications for Prospective Legal Events. In the event any state or federal Laws, now existing or enacted or promulgated after the effective date of this Agreement, are interpreted by judicial decision, a regulatory agency or legal counsel for both parties in such a manner as to indicate that the structure of this Agreement may be in violation of such Laws, the New PC and the MSO shall amend this Agreement as necessary. To the maximum extent possible, any such amendment shall preserve the underlying economic and financial arrangements between the New PC and the MSO.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the effective date of this Agreement, are interpreted by judicial decisions, a regulatory agency or legal counsel in such a manner as to indicate that the structure of this Agreement may be in violation of such laws or regulations, Oncology and Response shall amend this Agreement as necessary. To the maximum extent possible, any such amendment shall preserve the underlying economic and financial arrangements between Oncology and Response.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the date hereof, are interpreted by judicial decision, a regulatory agency or legal counsel in such a manner as to indicate that this Agreement or any provision hereof may be in violation of such laws or regulations, the Orthodontic Entity, Orthodontist and Apple shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements between the Orthodontic Entity, Orthodontist and Apple and without substantial economic detriment to either party. To the extent any act or service required of Apple in this Agreement should be construed or deemed, by any governmental authority, agency or court to constitute the practice of orthodontics, the performance of said act or service by Apple shall be deemed waived and forever unenforceable and the provisions of this SECTION 10.6 shall be applicable. Neither party shall claim or assert illegality as a defense to the enforcement of this Agreement or any provision hereof; instead, any such purported illegality shall be resolved pursuant to the terms of this SECTION 10.6 and SECTION 10.10. In the event any governmental authority, agency or court institutes proceedings against Apple, the Orthodontic Entity or the Orthodontist challenging the legality, validity or enforceability of any provision of this Agreement, Apple agrees that the fees, expenses and disbursements of counsel engaged to represent Apple, the Orthodontic Entity and the Orthodontist shall be Apple Expenses.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the Effective Date of this Agreement, are interpreted by judicial decision, a regulatory agency or legal counsel of both parties in such a manner as to indicate that the structure of this Agreement may be in violation of such laws or regulations (a "Structural Issue"), either party may terminate this Agreement, on not less than ninety (90) days written notice to the other party, or negotiate and enter into an amendment of the provisions of this Agreement in such manner as to alleviate such violation. In the event that the parties are unable to agree upon such amendment within thirty (30) days after the determination that such amendment is necessary, either party may terminate this Agreement, on not less than ninety (90) days written notice to the other party. The parties agree that an amendment to accomplish the purposes set forth in this Section 8.10 may require reorganization of Physician or LightTouch, or both, and may require either or both parties to obtain appropriate regulatory licenses and approvals. If (a) such reorganization or obtaining such regulatory licenses and approvals is not reasonably possible, either party shall have the right to terminate this Agreement on not less than ninety (90) days written notice to the other party; or (b) such reorganization or obtaining such regulatory licenses and approvals would require LightTouch or Physician to incur a material economic detriment or would result in a material economic detriment for LightTouch or Physician, LightTouch or Physician, as the case may be, shall have the right to terminate this Agreement on not less than ninety (90) days written notice to Physician or LightTouch, as the case may be. In the event that either party elects to terminate this Agreement in accordance with the provisions of this Section 8.10, LightTouch shall have the right, exercised by the delivery of a written notice to Physician at any time within sixty (60) days after the delivery by either party of notice of termination of this Agreement, to require Physician to purchase from LightTouch all of the assets used by Physician in connection with the conduct of the medical practice at the Lexington Center (the "Practice Assets"). In the event that LightTouch fails to exercise such right within the first thirty (30) days of such sixty (60) day period, Physician shall have the right, exercisable by delivery of a written noti...
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the effective date of this Agreement, are interpreted by judicial decision or regulatory agency or legal counsel in such a manner as to indicate that the structure of this Agreement may be in violation of such laws or regulations, MedCath and Practice shall amend this Agreement as necessary to eliminate such violation. To the maximum extent possible, any such amendment shall preserve the underlying economic and financial arrangements between MedCath and Practice. To the extent the parties cannot agree on any such amendment or changes, the matter shall be submitted to binding arbitration upon the request of either party and through the arbitration process an equitable modification shall be implemented or an equitable termination of the Agreement and relationship shall be made based on all of the facts and circumstances.
Contract Modifications for Prospective Legal Events. In the event of any legislative, judicial or regulatory change or determination, whether federal or state, which has or would have a significant adverse impact on either party hereto in connection with the performance of this Agreement, or in the event that performance by either party of any term, covenant, condition or provision of this Agreement should for any reason be in violation of any statute, regulation, or otherwise be deemed illegal, the affected party shall have the right to require that the other party renegotiate the terms of this Agreement, such renegotiated terms to become effective no later than thirty (30) days after receipt of written notice of such request for negotiation. If the parties fail to reach an agreement satisfactory to both parties within thirty (30) days of the request for renegotiation, the party requesting such renegotiation may terminate this Agreement upon thirty (30) days prior written notice to the other party or sooner if required by law.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the effective date of this Agreement, are interpreted by judicial decision, a regulatory agency or legal counsel of School and USM in such a manner as to indicate that the structure of this Agreement may be in violation of such laws or regulations, School and USM shall amend this Agreement as necessary so as to fully comply with such state or federal laws or regulations as so interpreted. Access to Records. Until the expiration of four (4) years after the furnishing of the services provided under this Agreement, the parties agree to make available to the Secretary, U.S. Department of Health and Human Services, the U.S. Comptroller General, and their representatives, this Agreement and all books, documents and records necessary to certify the nature and extent of the costs of the services rendered under this Agreement. If the duties of this Agreement are carried out through a subcontract worth $10,000 or more over a twelve (12) month period with a related organization, the subcontract will also contain an access clause to permit access by the Secretary, Comptroller General and their representatives to the related organization’s books and records. This clause applies regardless of whether the party is designated elsewhere in this Agreement as a contractor, subcontractor, vendor, and seller or otherwise.
Contract Modifications for Prospective Legal Events. In the event any state or federal laws or regulations, now existing or enacted or promulgated after the date hereof, are interpreted by judicial decisions, a regulatory agency or legal counsel in such a manner as to indicate that this Agreement or any provision hereof may be in violation of such laws or regulations, the Group Practice and Administrator shall amend this Agreement as necessary to preserve the underlying economic and financial arrangements between the Group Practice and Administrator and without substantial economic detriment to either party. To the extent any act or service required of Administrator in this Agreement should be construed or deemed, by any governmental authority, agency or court, to constitute the practice of medicine, the performance of said act or service by Administrator shall be deemed waived and forever unenforceable and the provisions of this Section 11.6 shall be applicable. Neither party shall claim or assert illegality as a defense to the enforcement of this Agreement or any provision hereof, instead, any such purported illegality shall be resolved pursuant to the terms of this Section 11.6 and Section 11.9.
