Physician Group Employment Agreement Template (Page 9 of 17) in pdf

of this Agreement shall control PHYSICIAN’s rights and obligations with respect to CORPORATION.

Any loss of hospital privileges or staff rights resulting from an inconsistency between the provisions

of this Agreement and a hospital medical staff’s bylaws, rules, and regulations shall not be deemed a

material breach by PHYSICIAN.

ARTICLE VI

Miscellaneous

6.1 Nondisclosure and Confidentiality.

CORPORATION’s employment of PHYSICIAN will result in PHYSICIAN’s exposure and access to

confidential and proprietary information including, but not limited to, CORPORATION’s and its

affiliates’ patient records, billing records, payroll records, financial information, coding schedules,

business strategies, and personal information about CORPORATION’s and its affiliates’ owners,

officers, and employees to which PHYSICIAN did not have access prior to PHYSICIAN’s

employment with CORPORATION and which information is of great value to CORPORATION, its

affiliates, their owners, officers, and employees. PHYSICIAN shall not, other than on

CORPORATION’s behalf, at any time during PHYSICIAN’s employment with CORPORATION and

thereafter, make available, divulge, disclose, or communicate in any manner whatsoever to anyone

including, but not limited to, any person, firm, corporation, investor, member of the media, or entity,

any such confidential or proprietary information, or use any such confidential or proprietary

information for any purpose other than on CORPORATION’s behalf, unless authorized to do so in

writing by CORPORATION’s President, required by law or court order, or such information has

become publicly available other than by reason of a breach by PHYSICIAN of this Section 6.1 or of

another individual’s or entity’s violation of an obligation not to disclose such information. Should

PHYSICIAN be required by law or court order to disclose such confidential or proprietary information,

PHYSICIAN shall give CORPORATION’s President reasonable notice so as to allow

CORPORATION sufficient opportunity to challenge such application of the law or court order, or to

otherwise attempt to limit the scope of such disclosure. This Agreement applies to all confidential

and proprietary information of CORPORATION and its affiliates, regardless of when such information

is or was disclosed to PHYSICIAN.

6.2 Covenant Not to Complete.

During PHYSICIAN’s employment with CORPORATION, and for a period of two (2) years after the

termination of that employment, irrespective of the reason, PHYSICIAN shall not, other than on

CORPORATION’s behalf, directly or indirectly perform anatomical or clinical pathology services for

any individual, physician group, or entity for which CORPORATION provides pathology services as

of the Effective Date including, but not limited to, ________________________________, and any

other individual, physician group, or entity that uses _________________________ as a pathology

services reference laboratory as of the Effective Date.

Violation of this covenant by PHYSICIAN

Contracting parties may want to be aware of Section 6.11 of this sample agreement interaction with this Section 6.2

Contracting parties may want to consider specifying a geographic region as alternative or additional specification. For some

practices the distance used in the following sample language will be defendant on the geography and demographics of where

Physician Group Employment Agreement Template Page 9