Refractive Surgery definition
Refractive Surgery means, collectively, any current and/or future surgical procedures intended to correct refractive error, including, without limitation, myopia, hyperopia, presbyopia or astigmatism of the eye. Notwithstanding anything in this Agreement to the contrary, "Refractive Surgery" shall not include any specific procedure that, at the time the procedure is to be performed, is required in the exercise of a physician's independent professional judgment as to the individual patient to be performed in an operating room approved by the American Association of Ambulatory Surgical Centers or Joint Commission on Accreditation of Healthcare Organizations (or any similar or successor accreditation board or body) with the capability of general anesthesia, in each instance within either an ambulatory surgical center or acute care hospital that is, in either case, licensed pursuant to Article 28 of the New York Public Health Law (provided, however, that if this sentence would exclude from "Refractive Surgery" any surgical procedure included in "Refractive Surgery" at the Effective Time, then the parties to this Agreement will work together to restructure the operating mechanics of their relationship in a manner that allows the operations of the Business to comply with such regulatory change and also preserves the economic benefits of each of the parties, including PC and Moadel, arising under this Agreement and the other Transaction Documents, as such term is hereinafter defined, giving due consideration to any recoupment of a party's investment hereunder or opportunity therefor).
Refractive Surgery means any current and/or future surgical procedures intended to correct refractive error, including, without limitation, myopia, hyperopia, presbyopia or astigmatism of the eye. Notwithstanding anything in this Agreement to the contrary, "Refractive Surgery" shall not include any specific procedure that, at the time the procedure is to be performed, is required in the exercise of a physician's independent professional judgment as to the individual patient to be performed in an operating room approved by the American Association of Ambulatory Surgical Centers or Joint Commission on Accreditation of Healthcare Organizations (or any similar or successor accreditation board or body) with the capability of general anesthesia, in each instance within either an ambulatory surgical center or acute care hospital that, in either case, meets all licensing requirements applicable in the State of Texas (provided, however, that this sentence shall not exclude from "Refractive Surgery" any surgical procedure included in "Refractive Surgery" at the Effective Time, and if any applicable regulatory change occurs that would result in such a reclassification, the parties to this Agreement will work together to restructure the operating mechanics of their relationship in a manner that allows the operations of the Business to comply with such regulatory change and also preserves the economic benefits of the parties arising under this Agreement and the other Transaction Documents).
Refractive Surgery means, collectively, any current and/or future surgical procedures intended to correct refractive error, including, without limitation, myopia, hyperopia, presbyopia or astigmatism of the eye. Notwithstanding anything in this Agreement to the contrary, "Refractive Surgery" shall not include any specific procedure that, at the time the procedure is to be performed, requires in the exercise of a reasonable ophthalmologist's independent professional judgment as to the individual patient the use of general anesthesia and an operating room approved by the American Association of Ambulatory Surgical Centers or Joint Commission on Accreditation of Healthcare Organizations (or any similar or successor accreditation board or body) with the capability of general anesthesia (provided, however, that if this sentence would exclude from "Refractive Surgery" any surgical procedure included in "Refractive Surgery" at the Effective Time, then the parties to this Agreement will work together to restructure the operating mechanics of their relationship in a manner that allows the operations of the Business to comply with such regulatory change and also preserves the economic benefits of each of the parties, including KCL, VCC and Couch, arising under this Agreement and the other Transaction Documents, as such term is hereinafter defined, giving due consideration to any recoupment of a party's investment hereunder or opportunity therefor).
More Definitions of Refractive Surgery
Refractive Surgery means, collectively, any current and/or future surgical procedures intended to correct myopia, hyperopia or astigmatism of the eye, excluding procedures aimed only at restoring accommodation (presbyopia) and procedures to treat only cataracts, glaucoma, oculoplastics or retinal abnormality. Notwithstanding the foregoing, the following shall not be "Assets" and shall be retained by BDEC: