Interference with Contractual Relations. Provider will not engage in activities that would cause Company to lose existing or potential Members, including but not limited to, advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts. Except as required under this Agreement or by a governmental authority or court of competent jurisdiction, Provider will not use or disclose to any third party, membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or will be deemed to restrict: (a) any communication between Provider and a Member, or a party designated by a Member, that is determined by Provider to be necessary or appropriate for the diagnosis and care of the Member; or (b) notification of participation status with other insurers or plans. This section will survive the termination of this Agreement for a period of one (1) year following termination or expiration.
Interference with Contractual Relations. Provider shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Government Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or
Interference with Contractual Relations. Hospital shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Government Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or (c) using or disclosing to any third party membership lists acquired during the term of this Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Notwithstanding the foregoing, Company shall not prohibit, or otherwise restrict, Hospital from advising or advocating on behalf of a Member who is its patient, for the following: (i) the Member’s health status, medical care, or treatment options, including any alternative treatment that may be self- administered; (ii) any information the Member needs in order to decide among all relevant treatment options; (iii) the risks, benefits, and consequences of treatment or nontreatment; and (iv) the Member’s right to participate in decisions regarding his or her health care, including the right to refuse treatment, and to express preferences about future treatment decisions. This section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
Interference with Contractual Relations. Hospital will not engage in activities that would cause Company to lose existing or potential Members, including but not limited to, advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts. Except as required under this Agreement or by a governmental authority or court of competent jurisdiction, Hospital will not use or disclose to any third party, membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or will be deemed to restrict: (a) any communication between Hospital and a Member, or a party designated by a Member determined by Hospital to be necessary or appropriate for the diagnosis and care of the Member; or (b) notification of participation status with other insurers or plans. This section will survive the termination of this Agreement for a period of one (1) year following termination or expiration.
Interference with Contractual Relations. Service Provider will not engage in and will prohibit Network Providers from engaging in activities that would cause Company to lose existing or potential Members, including but not limited to, advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts. Except as required under this Agreement or by a governmental authority or court of competent jurisdiction, Service Provider will not use or disclose and will prohibit Network Providers from using and disclosing membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or will be deemed to restrict: (a) any communication between a Network Provider and a Member, or a party designated by a Member, that is determined by the Network Provider to be necessary or appropriate for the diagnosis and/or care of the Member; or (b) notification of participation status with other insurers or plans. This section will survive the termination of this Agreement for a period of one (1) year following termination.
Interference with Contractual Relations. Group and Participating Group Providers shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers. Plan Sponsors or other entities currently under contract with Company to cancel, or not renew said contracts; (b) impeding or otherwise interfering with negotiations which Company is conducting for the provision of health benefits or Plans; or (c) using or disclosing to any third party membership lists acquired during the term of this WhiteGlove House Call Health, Inc. Agreement for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this Section 7.3 is intended or shall be deemed to restrict (i) any communication between a Participating Group provider and a Member, or a party designated by a member, determined by participating Group provider to be necessary or appropriate for the diagnosis and care of the Member and otherwise in accordance with Section 5.51; or (ii) notification of participation status with other HMOs or insures. This section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
Interference with Contractual Relations. Pharmacy shall not (a) counsel or advise, directly or indirectly, Payors, Sponsors or other entities who are currently under contract with Company or any Affiliate to cancel, modify, or not renew said contracts, (b) impede or otherwise interfere with negotiations which Company or an Affiliate is conducting for the provision of health insurance or Plans, or (c) use or disclose to any third party membership lists acquired during the term of this Agreement directly or indirectly for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company or any Affiliate. This section shall survive the termination of this Agreement. In the event of a breach or a threatened breach of this section by Pharmacy, Company shall have the right of specific performance and injunctive relief in addition to any and all other remedies and rights at law or in equity, and such rights and remedies shall be cumulative.
Interference with Contractual Relations. Section 15 of the Original Agreement (“Interference With Contractual Relations”) shall, on the date hereof, be amended and restated in its entirety as follows:
Interference with Contractual Relations. Magellan shall not: (a) counsel or advise, directly or indirectly, payors, sponsors or other entities currently under contract with Aetna or any affiliate to cancel, modify, or not renew said contracts; (b) impede or otherwise interfere with negotiations which Aetna or an affiliate is conducting for the provision of Plans; or (c) use or disclose to any third party membership lists acquired during the term of this Agreement for the purpose of directly or indirectly soliciting individuals who were or are Members or otherwise to compete with Aetna or any affiliate. Nothing in this Section is intended or shall be deemed to (i) restrict any communication between a Participating Provider and a Member determined by the Participating Provider to be necessary or appropriate for the diagnosis and care of the Member, (ii) prohibit Magellan from conducting activities permitted under Section 11 or (iii) apply with respect to any Aetna customers to the extent such customers send unsolicited RFPs to Magellan. This Section shall survive the termination of this Agreement for a period of one year thereafter. In the event of a breach or a threatened breach of this Section by Magellan, Aetna shall have the right of specific performance and injunctive relief in addition to any and all other remedies and rights at law or in equity, and such rights and remedies shall be cumulative.”
Interference with Contractual Relations. Provider shall not engage in activities that will cause Company to lose existing or potential Members, including but not limited to: (a) advising Company customers, Payers or other entities currently under contract with Company to cancel, or not renew their contracts; (b) impeding or otherwise interfering with negotiations which Company or a Payer is conducting for the provision of health benefits or Plans; or (c) except as required under this Agreement or by a governmental authority or court of competent jurisdiction, using or disclosing to any third party membership lists acquired during the term of this Agreement including, but not limited to, for the purpose of soliciting individuals who were or are Members or otherwise to compete with Company. Nothing in this section is intended or shall be deemed to restrict: (i) any communication between Provider and a Member, or a party designated by a Member determined by Provider to be necessary or appropriate for the diagnosis and care of the Member and otherwise in accordance with Section 5.5; or (ii) notification of participation status with other HMOs or insurers. This Section shall continue to be in effect for a period of one (1) year after the expiration or termination of this Agreement.
