Common use of Physician Employment Agreement Clause in Contracts

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A., as employer, have entered into the Physician Employment Agreement and that Vision 21 is entitled to enforce such Physician Employment Agreement as an intended third party beneficiary. Physician and Vision 21 acknowledge that Vision 21 would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 21) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company and Vision 21 agree that Vision 21 shall be entitled to recover from Physician any and all damages incurred by Vision 21 caused by such resignation, breach or default. Notwithstanding the foregoing, Vision 21 shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 of such breach or default.

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A.Company, as employer, have entered into the Physician Employment Agreement and that Vision 21 is entitled to enforce such Physician Employment Agreement as an intended third party beneficiary. Physician and Vision 21 acknowledge that Vision 21 would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 21) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company and Vision 21 agree that Vision 21 shall be entitled to recover from Physician any and all damages incurred by Vision 21 caused by such resignation, breach or default. Notwithstanding the foregoing, Vision 21 shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 16.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 of such breach or default.

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A., as employer, have entered into the Physician Employment Agreement and that Vision 21 is entitled to enforce such Physician Employment Agreement as an intended third party beneficiary. Physician and Vision 21 acknowledge that Vision 21 would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 21) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company and Vision 21 agree that Vision 21 shall be entitled to recover from Physician any and all damages incurred by Vision 21 caused by such resignation, breach or default. Notwithstanding the foregoing, Vision 21 shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 of such breach or default.

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A.P.C., as employer, have entered into the Physician Employment Agreement and that the Subsidiary and Vision 21 is are entitled to enforce such Physician Employment Agreement as an intended third party beneficiarybeneficiaries. Physician and Physician, Vision 21 and the Subsidiary acknowledge that Vision 21 and the Subsidiary would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 2121 and the Subsidiary) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company Company, the Subisidary and Vision 21 agree that Vision 21 and the Subsidiary shall be entitled to recover from Physician any and all damages incurred by Vision 21 and the Subsidiary caused by such resignation, breach or default. Notwithstanding the foregoing, neither Vision 21 nor the Subsidiary shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21the Subsidiary, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 or the Subsidiary of such breach or default.

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A.Company, as employer, have entered into the Physician Employment Agreement and that Vision 21 is entitled to enforce such Physician Employment Agreement as an intended third party beneficiary. Physician and Vision 21 acknowledge that Vision 21 would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 21) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company and Vision 21 agree that Vision 21 shall be entitled to recover from Physician any and all damages incurred by Vision 21 caused by such resignation, breach or default. Notwithstanding the foregoing, Vision 21 shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 18.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 of such breach or default.

Physician Employment Agreement. The parties acknowledge that in accordance with the terms of this Agreement, Physician, as employee, and the New P.A.P.C., as employer, have entered into the Physician Employment Agreement and that Vision 21 is entitled to enforce such Physician Employment Agreement as an intended third party beneficiary. Physician and Vision 21 acknowledge that Vision 21 would suffer severe harm in the event of Physician's resignation prior to the expiration of the five (5) year term of such Physician Employment Agreement (without first obtaining the written consent of Vision 21) or a breach or default of Physician's obligations under such Physician Employment Agreement, and Physician, the Company and Vision 21 agree that Vision 21 shall be entitled to recover from Physician any and all damages incurred by Vision 21 caused by such resignation, breach or default. Notwithstanding the foregoing, Vision 21 shall not be entitled to recover its damages caused by such resignation, breach or default if such resignation, breach or default was caused by: (i) the death or disability of Physician, (ii) circumstances not caused by an act or omission of Physician and which circumstances are beyond his control, or (iii) loss of Physician's license to practice as an ophthalmologist, unless such loss of license is due to an act or omission of Physician. Notwithstanding the foregoing, Physician shall have no obligation to pay the damages contemplated in this Section 17.1 if (a) the Business Management Agreement has been terminated pursuant to a material breach by Vision 21, or (b) Physician cures any such breach or default of the Physician Employment Agreement within a period of thirty (30) days after notice from Vision 21 of such breach or default.