Newco Management Clause Samples

Newco Management. Newco shall manage and administer the Facilities, which management and administration shall include, without limitation, all administration, accounting, purchasing, payroll, legal services, record keeping, bookkeeping, computer services, information management, printing, postage, duplication services, hiring of personnel, quality assurance programs, billing and collecting from, and contracting with, patients, insurance companies, managed care payors, governmental entities and other third-party payors with respect to all professional, medical and other services provided by Caster PC or Provider, and management and administration of all other aspects of the Business. Notwithstanding any provision of this Agreement to the contrary: (a) Newco shall not engage in the practice of medicine, and Provider shall at all times be responsible for all activities that constitute the practice of medicine; and (b) this Agreement shall not be construed to require Provider, or any other medically trained or licensed medical professionals under the direction or control of Provider, to perform Refractive Surgery at the facilities of, or use the equipment of, Newco, if in Provider's professional medical judgment, such use would be detrimental to Provider's patients. (c) although Caster PC shall pay and provide all required salaries and benefits to all employees, said employees shall, to the extent they work on the Business conducted by Newco, and except as limited by the Transaction Documents, be treated as employees of Newco, and Newco shall, only in accordance with the provisions of Section 4.2 hereof, provide Caster PC with such funds as Caster PC requires to satisfy said payment obligation.