Physician Group Employment Agreement Template (Page 10 of 17) in pdf

will entitle CORPORATION to injunctive or other relief, including damages, in a court of competent

jurisdiction. If the period of time or the scope of non-competition specified is adjudged unreasonable

in any court proceeding, then the period of time or scope shall be reduced as is deemed necessary

to allow this covenant to be enforced during such period of time and scope as is determined to be

reasonable.

6.3 Nondisparagement.

PHYSICIAN recognizes that the professional reputation of CORPORATION is a unique and valuable

asset. PHYSICIAN shall not make any negative, disparaging, or unfavorable comments regarding

CORPORATION or any of CORPORATION’s owners, officers, or employees to any person, either

during the term of this Agreement or following termination of this Agreement. Any person shall

include, but not be limited to, any patient, third party payor or representative of such third party payor,

hospital or other client of CORPORATION, laboratory personnel, hospital medical staff member,

physician, or similar person or entity.

6.4 Injunctive Relief.

PHYSICIAN acknowledges and agrees that the covenants contained in Sections 6.1, 6.2, and 6.3

above are reasonable in scope and duration, do not unduly restrict PHYSICIAN’s ability to engage in

PHYSICIAN’s livelihood, and are necessary to protect CORPORATION’s legitimate business

interests. Without limiting the rights of CORPORATION to pursue any other legal and/or equitable

remedies available to it for any breach by PHYSICIAN of the covenants contained in Sections 6.1,

6.2, and 6.3 above, PHYSICIAN acknowledges that a breach of those covenants would cause a loss

to CORPORATION for which it could not reasonably or adequately be compensated by damages in

an action at law, that remedies other than injunctive relief could not fully compensate

CORPORATION for a breach of those covenants and that, accordingly, CORPORATION shall be

entitled to injunctive relief to prevent any breach or continuing breaches of PHYSICIAN’s covenants

as set forth in Sections 6.1, 6.2, and 6.3 above. It is the intention of the parties that if, in any action

before any court empowered to enforce such covenants, any term, restriction, covenant, or promise

shall be deemed modified to the extent necessary to make it enforceable by such court.

6.5 Disputes.

Neither party to this Agreement shall commence any action or suit relating to this

Agreement more than six (6) months after the date of termination of this Agreement

(“Limitations Period”); both Parties waive any statute of limitations or other law to the contrary. The

parties further agree, prior to instituting any action or suit relating to this Agreement other than any

action under Sections 6.1, 6.2, or 6.3 above that may be initiated and adjudicated in a court of law

without first submitting to mediation, to submit the matter to non-binding mediation by a neutral

mediator under the National Rules for the Resolution of Employment Disputes of the American

the practice is located. Sample language: ...and any entity within a distance of _______ miles from a facility where the

Corporation provides pathology services.

Contracting parties may consider incorporating a non-solicitation clause or section that prohibits the physician employee

from soliciting or inducing clients and/or employees to leave the Corporation.

Physician Group Employment Agreement Template Page 10