Common use of Practice Personnel Clause in Contracts

Practice Personnel. The Practice shall retain, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall enter into and maintain with each such retained Optometrist and enforce a written employment agreement substantially in the form of Exhibit 4.2B. Notwithstanding the foregoing provisions, the employment contracts currently in effect on the effective date of this Agreement with the non-shareholder Professionals identified on Exhibit 4.2C shall remain in force during the existing term; provided, however, that upon completion of such term should the non-shareholder remain at the Practice or at such time the non-shareholder Professional is granted options by Vision 21, such Professionals' employment contracts shall then be immediately replaced with employment contracts in substantially the form of Exhibit 4.1C. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals, and for withholding, as required by law, any sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Business Manager shall, however, on behalf of the Practice, administer the compensation with respect to such individuals in accordance with the written employment agreement between the Practice and each Professional. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care Services for patients. All damages recovered for violations of non-competition covenants from Professionals subject to employment agreements in the forms of Exhibit 4.1C, Exhibit 4.2A, or Exhibit 4.2B shall be treated as Adjusted Gross Revenue.

Practice Personnel. The Practice shall retain, as a Practice Expense or Shareholder Expense, as the case may be, and not as an Office Expense, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Ophthalmologist retained by the Practice shall hold and maintain a valid and unrestricted license to practice ophthalmology in the State, and shall be competent in the practice of ophthalmology. The Practice shall enter into and maintain with each such retained Ophthalmologist and enforce a written employment agreement substantially in the form of either Exhibit 4.1A for Shareholders of the Practice or Exhibit 4.2A for non-shareholders. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall enter into and maintain with each such retained Optometrist and enforce a written employment agreement substantially in the form of Exhibit 4.2B. Notwithstanding the foregoing provisions, the employment contracts currently in effect on the effective date of this Agreement with the non-shareholder Professionals identified on Exhibit 4.2C shall remain in force during the existing term; provided, however, that upon completion of such term should the non-shareholder remain at the Practice or at such time the non-shareholder Professional is granted options by Vision 21, such Professionals' employment contracts shall then be immediately replaced with employment contracts in substantially the form of Exhibit 4.1C. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals, and for withholding, as required by law, any sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Business Manager shall, however, on behalf of the Practice, administer the compensation with respect to such individuals in accordance with the written employment agreement between the Practice and each Professional. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care Services for patients. All damages recovered for violations of non-competition covenants from Professionals subject to employment agreements in the forms of Exhibit 4.1C, Exhibit 4.2A, or Exhibit 4.2B shall be treated as Adjusted Gross Revenue.individuals

Practice Personnel. The Practice shall retain, as a Practice Expense or Shareholder Expense, as the case may be, and not as an Office Expense, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Ophthalmologist retained by the Practice shall hold and maintain a valid and unrestricted license to practice ophthalmology in the State, and shall be competent in the practice of ophthalmology. The Practice shall enter into and maintain with each such retained Ophthalmologist and enforce a written employment agreement substantially in the form of either Exhibit 4.1A for Shareholders of the Practice or Exhibit 4.2A for non-shareholders. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall enter into and maintain with each such retained Optometrist and enforce a written employment agreement substantially in the form of Exhibit 4.2B. Notwithstanding the foregoing provisions, the employment contracts currently in effect on the effective date of this Agreement with the non-shareholder Professionals identified on Exhibit 4.2C shall remain in force during the existing term; provided, however, that upon completion of such term should the non-shareholder remain at the Practice or at such time the non-shareholder Professional is granted options by Vision 21, such Professionals' employment contracts shall then be immediately replaced with employment contracts in substantially the form of Exhibit 4.1C. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals, and for withholding, as required by law, any sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Business Manager shall, however, on behalf of the Practice, administer the compensation with respect to such individuals in accordance with the written employment agreement between the Practice and each Professional. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of ophthalmology or optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care Services for patients. All damages recovered for violations of non-competition covenants from Professionals subject to employment agreements in the forms of Exhibit 4.1C, Exhibit 4.2A, or Exhibit 4.2B shall be treated as Adjusted Gross Revenue.Services

Practice Personnel. The Practice shall retain, as a Practice Expense or Shareholder Expense, as the case may be, and not as an Office Expense, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Ophthalmologist retained by the Practice shall hold and maintain a valid and unrestricted license to practice ophthalmology in the State, and shall be competent in the practice of ophthalmology. The Practice shall enter into and maintain with each such retained Ophthalmologist and enforce a written employment agreement substantially in the form of either Exhibit 4.1A for Shareholders of the Practice or Exhibit 4.2A for non-shareholders. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall enter into and maintain with each such retained Optometrist and enforce a written employment agreement substantially in the form of Exhibit 4.2B. Notwithstanding the foregoing provisions, the employment contracts currently in effect on the effective date of this Agreement with the non-shareholder Professionals identified on Exhibit 4.2C shall remain in force during the existing term; provided, however, that upon completion of such term should the non-shareholder remain at the Practice or at such time the non-shareholder Professional is granted options by Vision 21, such Professionals' employment contracts shall then be immediately replaced with employment contracts in substantially the form of Exhibit 4.1C. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals, and for withholding, as required by law, any sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Business Manager shall, however, on behalf of the Practice, administer the compensation with respect to such individuals in accordance with the written employment agreement between the Practice and each Professional. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of ophthalmology or optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care Services for patients. All damages recovered for violations of non-competition covenants from Professionals subject to employment agreements in the forms of Exhibit 4.1C, Exhibit 4.2A, or Exhibit 4.2B shall be treated as Adjusted Gross Revenue.