Contract analysis
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Contract analysis / revised-ic-medical-director-agreement-template.docx
revised-ic-medical-director-agreement-template.docx
High · 4
Medium · 3
Standard · 0
ARTICLE I — DEFINITIONS
Medium
⚑ Liability cap to check against exposure
ARTICLE I — DEFINITIONS The following terms shall have the meanings set forth below when used in this Agreement. Capitalized terms used but not defined in this Article shall have the meanings ascribed to them elsewhere in this Agreement. 1.1 "AKS" means the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), as amended from time to time, together with all implementing regulations, safe harbors, and official guida
ARTICLE II — TERM AND TERMINATION
High
⚑ Unilateral / for-convenience termination
ARTICLE II — TERM AND TERMINATION 2.1 Initial Term. This Agreement shall commence on the Effective Date and shall continue in effect for a fixed initial term of [Insert: minimum one (1) year] (the "Initial Term"), ending on [Insert Expiration Date], unless earlier terminated in accordance with this Article II. Instructional Note: The Initial Term must be at least one (1) year in duration to satisfy the requirements o
ARTICLE III — SCOPE OF SERVICES AND TIME COMMITMENT
High
⚑ Penalty / liquidated damages
ARTICLE III — SCOPE OF SERVICES AND TIME COMMITMENT 3.1 Description of Services. Contractor shall perform the services described in detail on Exhibit A — Statement of Work, attached hereto and incorporated herein by reference (the "Services"). The Services shall be performed at the Designated Facility/Program and/or remotely, as specified in Exhibit A, and in accordance with the schedule, deliverables, and performanc
ARTICLE IV — COMPENSATION
High
⚑ Non-compete / exclusivity restraint
ARTICLE IV — COMPENSATION 4.1 Fixed Monthly Compensation. As full compensation for the Services rendered under this Agreement, AHT shall pay Contractor a fixed monthly fee of $[Insert Amount] (the "Monthly Compensation"), payable within [Insert: thirty (30)] calendar days following AHT's receipt of Contractor's properly completed monthly time log submitted in accordance with Section 3.4 and demonstrating that Contrac
ARTICLE V — FAIR MARKET VALUE CERTIFICATION AND COMMERCIAL REASONABLENESS
High
⚑ Penalty / liquidated damages
ARTICLE V — FAIR MARKET VALUE CERTIFICATION AND COMMERCIAL REASONABLENESS 5.1 FMV Certification. The Parties acknowledge and certify that the Monthly Compensation set forth in Section 4.1 of this Agreement: (a) Has been determined by reference to an independent FMV Opinion from a qualified valuation firm with recognized expertise in healthcare compensation valuation, which opinion is attached as Exhibit C or maintain
ARTICLE VI — REFERRAL INDEPENDENCE AND ANTI-KICKBACK / STARK LAW COMPLIANCE
Medium
⚑ Liability cap to check against exposure
ARTICLE VI — REFERRAL INDEPENDENCE AND ANTI-KICKBACK / STARK LAW COMPLIANCE 6.1 Referral Independence. Nothing in this Agreement requires, is intended to require, or shall be interpreted to require Contractor to refer patients to, order items or services from, or generate business for AHT, any AHT subsidiary, any AHT-affiliated entity, or any entity under common ownership or control with AHT, as a condition of this A
ARTICLE VII — REPRESENTATIONS AND WARRANTIES
Medium
⚑ Forum / governing law
ARTICLE VII — REPRESENTATIONS AND WARRANTIES 7.1 Contractor Representations and Warranties. Contractor represents and warrants to AHT, as of the Effective Date and throughout the Term, as follows: (a) Contractor holds a valid, active, and unrestricted license to practice medicine in the State of [Insert State(s)], and such license has not been subject to any disciplinary action, restriction, suspension, revocation, o