Associate Employment Agreement Template Page 5

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4) Use
DDS, LLC
internal business or operations data or information in a damaging or
derogatory manner that would potentially hinder the
DDS, LLC
relationship with its
patients;
5) Purposefully interfere with the relationship between
DDS, LLC
and any of its patients
or solicit the business of any patient of
DDS, LLC
existing as of the Termination Date
or during a period of six (6) months prior to the Termination Date. Notwithstanding
the above, Associate shall be allowed to retain the records of, and contact such
patients after termination that have been identified by
DDS, LLC
and Associate (as
per Paragraph 9 herein) that represent patients that have been referred to
DDS, LLC
practice specifically to be treated by Associate from Associate's contacts, family and
friends.
d) Enforcement. Associate acknowledges and agrees that the foregoing restrictions are
reasonable in all respects and are essential to the protection of
DDS, LLC
patient and
Associate relationships. To the extent a court of competent jurisdiction deems any of the
foregoing provisions unreasonable either as to duration, geographic scope, or effect, such
provisions shall be deemed revised as to the reasonable duration, geographic scope or
effect contemplated by the court. Associate further agrees that in the event of a breach by
Associate of any term or condition of the Paragraph 8, the
DDS, LLC
shall be entitled to
institute proceedings, whether at law or in equity, against Associate to obtain damages for
any such breach and/or to enjoin Associate from violation hereof during the relevant
period, without the posting of any bond in connection with such proceeding.
8)
Patient Records. Custodial rights of patient records shall be consistent with the Texas Dental
Practice Act, as amended. Records of patients are defined as; charts, X-rays, treatment plans,
addresses, phone numbers, or any other identifying documents relating to such patients or
their records. Upon termination of Associate's employment, unless such termination is
specifically for Associate to acquire an interest in
DDS, LLC
practice, all records, case
histories, files and other documentation on or related to the patients treated or cared for by
Associate at
DDS, LLC
office shall be sold to
DDS, LLC
for a lump sum amount of One
Hundred Dollars, ($100.00). Prior to the sale to
DDS, LLC
of the above records, Associate
warrants that Associate, or any other person under the direction of the Associate, shall not
copy, duplicate, electronically transfer, or list in any manner any information from these
records without
DDS, LLC
written permission.
At all times during the term of this agreement and following the termination or expiration
hereof, the Associate shall be afforded such reasonable access to the Records as may be
needed in order to respond to or defend any professional liability claim that may be asserted.
After termination of this Agreement, if a patient requests Associate's whereabouts,
DDS,
LLC
will furnish such patient with Associate's office phone number and address, provided
Associate is not in violation of this Agreement. If any patient chooses to seek treatment with
Associate,
DDS, LLC
will make copies of the patients' records available to associate, but
only after a formal request from such patient.
9)
Termination.

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