Sample One: Physician and Hospital Contract
This Agreement is entered into this DATE day of MONTH, YEAR by and between
HOSPITAL, a NAME OF STATE nonprofit corporation ("HOSPITAL"), and
______________________, M.D., an individual physician ("Physician").
WHEREAS, HOSPITAL provides health care services in the State of NAME OF
STATE in the geographic areas covered by the counties of NAME OF COUNTIES (the
"Service Area"); and
WHEREAS, HOSPITAL has determined that the health care needs of the residents
of the Service Area would be better served by attracting additional physicians to the
community, and HOSPITAL desires to ensure that adequate medical care is available to
residents of the Service Area through the recruitment of qualified physicians;
WHEREAS, in particular, there are an insufficient number of physicians in
Physician's specialty of ___________________ to meet the needs of the residents of the
Service Area and HOSPITAL desires to ensure that adequate medical care is accessible
and available throughout the community through the recruitment and retention of
_______________ to the Service Area, and
WHEREAS, in order to attract and retain such physicians, HOSPITAL has explored
alternative methods of recruiting physicians and has determined that the only feasible way
to accomplish its goals is through the use of recruitment incentives and assistance to
physicians, including but not limited to, financial assistance with the costs associated with
establishing a practice within the Service Area;
WHEREAS, Physician is duly licensed and qualified to practice medicine in the
State of NAME OF STATE and Physician desires to relocate to the Service Area;
WHEREAS, HOSPITAL, in order to recruit Physician to relocate to and remain in
the Service Area, has determined that the incentives and assistance provided for herein
are reasonable and appropriate in light of the benefits to the residents of the Service Area
of recruiting Physician to establish a medical practice;
WHEREAS, Physician is willing to make a long-term commitment to practice in the
Service Area, and to become and remain a member of the active medical staff of
HOSPITAL NAME (the “Hospital”); and
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, the parties agree as follows:
I. OBLIGATIONS, QUALIFICATIONS AND REPRESENTATIONS OF PHYSICIAN
1.1. Establishment of Practice. The Physician agrees, upon execution of this
Agreement, to initiate the necessary steps to relocate to the Service Area and establish a
medical practice in NAME OF CITY, NAME OF STATE, pursuant to the terms of this
Agreement. Such steps shall include, but shall not be limited to, obtaining office space,
leasing or purchasing appropriate equipment, leasing or employing appropriate office
personnel, and any other steps to begin a medical practice so that Physician may begin
practice on or about _____________, YEAR (the actual date on which Physician begins
rendering patient care services is referred to as the "Commencement Date").
1.2. Full-Time Practice. Physician agrees to practice medicine on a full-time basis
in the Service Area during the term of this Agreement and to maintain Physician's sole
professional office in NAME OF CITY, NAME OF STATE or at another location within the
Service Area which is approved by HOSPITAL in its sole discretion upon the showing of
adequate community need for the relocation. Physician's primary area of practice will be
in _____________, and Physician will provide appropriate medical care to all persons
presenting themselves for treatment regardless of race, age, religion, national origin,
handicap, ability to pay, third party payor or participation in any federal or state health care
program. The parties agree that "full-time" as used herein shall mean at least forty (40)
hours per week for forty-six (46) weeks per year.
1.3. Medical Staff Membership. Physician agrees to maintain, at all times during
the term of this Agreement, membership on the Medical Staff of HOSPITAL NAME,
consistent with HOSPITAL NAME’s regular requirements and process for such application
and membership, and to obtain and maintain such clinical privileges as are necessary and
appropriate to carry on the practice as contemplated hereby. During the term of this
Agreement, Physician shall undertake all ordinary services and obligations expected of
members of the Medical Staff and the Hospital, including on-call services on a rotating
basis with other staff members, if required, and participation on Medical Staff committees
as reasonably requested by the Hospital and approved by the Medical Staff and shall at all
times comply with all bylaws, rules and regulations of the Medical Staff and with the
corporate bylaws and policies of the Hospital.
1.4. Maintenance of Books and Records. Physician agrees that, during the term of
this Agreement, he shall maintain accurate books and records regarding the Practice, and
the Physician shall make the same available to HOSPITAL for inspection and copying
within ten (10) business days of a request by HOSPITAL.
1.5. Professional Fees. Physician shall promptly charge and collect all professional
fees for services rendered by Physician, or under Physician's direction, to individual
patients and/or their third party payors, including but not limited to, those patients seen as
inpatients and in emergency rooms, outpatient departments, clinics, and Physician's
office.
1.6. Medicare and Medicaid. Physician agrees that, during the term of this
Agreement, Physician shall maintain eligibility to, and shall participate in, the Medicare
and Medicaid programs and such other third party payor programs designated by
HOSPITAL. Physician further agrees that during the term of this Agreement, he shall
accept as patients any persons seeking medical services who participate in the Medicare
and Medicaid programs.
1.7. Compliance with Legal Requirements. Physician agrees that, during the term
of this Agreement, the services to be provided by Physician hereunder will be provided in
accordance with all applicable federal and state laws, regulations, and rules governing the
services, rules and regulations of the Hospital and its Medical Staff, all as may be
amended from time to time.
1.8. Professional Liability Insurance. Physician agrees that, during the term of this
Agreement, Physician shall maintain professional liability insurance coverage in
compliance with the bylaws of the Medical Staff. In the event such coverage is terminated
or canceled for any reason, and if coverage is on a claims-made basis, Physician agrees
to purchase a reporting endorsement to permit coverage of claims arising prior to the
termination of coverage, but not reported during the period of insurance coverage.
1.9. Professional Licensure. Physician shall at all times during the term of this
Agreement maintain an unrestricted license to practice medicine in the State of NAME OF
STATE and shall maintain all necessary licenses, registrations, certifications and other
approvals necessary for the practice of medicine as contemplated hereunder, including
federal and state registration to dispense and prescribe controlled substances.
1.10. No Revocation or Suspension. Physician represents and warrants to
HOSPITAL that Physician's ability to provide professional medical services in any state,
commonwealth or other jurisdiction has never been revoked, limited, suspended or
otherwise restricted in any manner. Physician further represents and warrants to
HOSPITAL that Physician is not currently and has never been suspended from
participation in or subjected to any type of criminal or civil sanction, fine, civil money
penalty, debarment or other penalty by any private or public health insurance program,
including Medicare, Medicaid or any other federal or state health insurance program.
1.11 Confidentiality of Agreement. Except with the prior written consent of
HOSPITAL, Physician shall not disclose the contents of this Agreement to any third party,
except as may be reasonably required for Physician to obtain the services of their
respective professional advisors or as may be required by law. Physician shall notify any
professional advisor to whom Physician discloses the contents of this Agreement of the
nondisclosure requirements of this Agreement. This Section 1.11 shall survive the
termination of this Agreement.
1.12. Duration of Obligations. The Physician’s obligations as set forth in this
Section I. and elsewhere in this Agreement shall continue as long as any loan amount
remains outstanding and unpaid (or not forgiven) as provided in Sections II and III. of this
Agreement.
II. SIGN ON, RELOCATION AND INCOME GUARANTEE LOANS
2.1. Sign-On Loan. Upon execution of this Agreement by all parties, the
HOSPITAL shall loan to Physician ______________ Dollars ($________) as a sign-on
loan (the "Sign-On Loan") to enable Physician to pay for other reasonable expenses
related to relocation to the service area.
2.2. Relocation Loan. In consideration of Physician's establishment of a medical
practice in the Service Area and Physician's agreements hereunder, upon execution of
this Agreement by all parties, the HOSPITAL shall
(i) loan to Physician up to Twelve Thousand, Five Hundred Dollars ($12,500)
to be used to reimburse Physician for certain relocation and other expenses that
Physician has actually incurred as a result of relocating Physician's residence to the
Service Area and establishing a medical practice pursuant to Section 1.1 hereof
(the "Relocation Loan"). The Physician shall obtain three (3) bids from qualified
moving companies and shall utilize the company providing the lowest bid unless
HOSPITAL consents otherwise in writing, and
(ii) loan to Physician up to three thousand six hundred dollars ($3,600.00) for the
actual rent paid by Physician to house Physician and his family for a period not
exceeding ninety (90) days
The Physician must submit or cause to be submitted to HOSPITAL receipts
evidencing the payment of such relocation expenses prior to receiving any disbursement
of the Relocation Loan.
2.3. Income Guarantee Loan. Beginning with the first month following the month in
which the Commencement Date occurs, HOSPITAL shall, for a period of not more than
twenty-four (24) consecutive months thereafter (the “Loan Period”), lend to the Physician
on or before the 15th day of each month, an amount by which the Physician’s Net
Collections during the preceding month are less than the amount of the Physician’s
Approved Operating Expenses for the month.
(i) The term “Net Collections” shall mean the total cash amount actually
received after payment of all costs of billing and collection.
(ii) The term “Approved Operating Expenses” shall mean the actual costs
paid by Physician up to a maximum amount of $____________ per month,
including but not limited to the Physician’s salary and benefits; the salaries and
benefits of any personnel hired, leased or contracted for by the Practice to work
exclusively with or for Physician; Physician’s insurance; and rent for space and
equipment used by or for Physician.
(iii) In the event the Physician’s Net Collections for any month during the
Loan Period exceed the Physician’s Approved Operating Expenses for that month,
the amount by which the Net Collections exceed the Approved Operating Expenses
shall be carried forward to the next succeeding month and counted as Net Collections
in the succeeding month solely for the purpose of determining whether any loan shall
be made for any for the succeeding month.
(iv) Physician will report and certify to HOSPITAL as true and correct, on or
before the tenth (l0th) day of each month, the amount of Net Collections collected
by Physician during the preceding month in such form as HOSPITAL shall direct.
HOSPITAL shall have the right, during normal business hours, to inspect or cause
its auditors to inspect, at its own expense, the books and records of Physician, from
time to time, to verify such collections and expenses.
(v) Notwithstanding any provision of this Agreement to the contrary,
HOSPITAL shall not be obligated to make any further loan advance if any Event of
Default (as defined in Section 4.1 hereof) shall have occurred.
(vi) In no event shall HOSPITAL have any obligation to loan any amounts
to Physician for a period of more than twenty-four (24) consecutive months
beginning with the Commencement Date, unless HOSPITAL determines in its sole
discretion that it is necessary to lend additional funds to Physician to enable
Physician to establish a medical practice in Service Area. Any additional funds
provided to Physician shall be on such terms and conditions as HOSPITAL deems
reasonable and appropriate in its sole discretion.
(vii) All payments under this section 2.3 shall be made by HOSPITAL to
Physician.
2.4. Documentation. Contemporaneous with the execution of this
Agreement, the Physician shall execute and deliver to HOSPITAL (i) a secured
promissory note substantially in the form of Exhibit B attached hereto (the “Note”)
evidencing the amount loaned to the Physician pursuant to Section 2.3. above, and
(ii) a security agreement substantially in the form of Exhibit C attached hereto (the
“Security Agreement”) securing the obligations set forth in the Note.
2.5. Repayment of Note Except as otherwise provided under the Agreement, the
Note or the Security Agreement, the outstanding principal amount of the Note, together
with accrued interest thereon, shall be payable by Physician to HOSPITAL in forty-eight
(48) equal monthly installments (each a "Monthly Installment") commencing on the first
day of the nineteenth (19th) month following of the Commencement Date, or the first day of
the month following the month in which the last loan payment is made to Physician if
HOSPITAL determines that additional funds should be loaned to Physician in accordance
with section 2.3.(vii) above, and continuing for forty-eight consecutive (48) months
thereafter. Physician shall pay simple interest on the outstanding principal amount of the
Note at the per annum rate equal to the "prime rate" as published in the Wall Street
Journal on the Commencement Date, plus one percent (1%). The Note may be prepaid at
any time, in whole or in part, without penalty.
III.
FORGIVENESS OF NOTE
3.1. Forgiveness of Note. Notwithstanding anything herein to the contrary,
HOSPITAL agrees to forgive the debt owed by Physician to HOSPITAL as evidenced by
the Note, by forgiving each monthly payment thereunder as each payment becomes due,
as long as the Physician complies with all the terms and conditions of this Agreement and
is continuing to practice medicine in the specialty of _____________ in the Service Area
as of the due date of each payment, and is not otherwise in default of any provision in this
Agreement.
3.2. Event of Default or Termination. From and after the occurrence of an Event of
Default, or if this Agreement is terminated for any reason prior to the repayment or
forgiveness of all amounts due pursuant to the Note, no further amounts shall be forgiven
under the Note pursuant to Section 3.1; but to the extent permitted under applicable law
(including laws applicable to HOSPITAL by reason of HOSPITAL's tax-exempt status) any
amounts forgiven under the Note pursuant to Section 3.1 prior to such Event of Default or
termination shall remain forgiven.
IV.
DEFAULT
4.1. Events of Default. The occurrence of anyone or more of the following events
shall constitute an "Event of Default" under this Agreement:
a)
Any representation or warranty of Physician contained in this
Agreement, the Note, the Guaranty, the Security Agreement or in any agreement,
instrument or certificate related thereto (collectively, the "Loan Documents") shall
prove to have been false or misleading in any material respect at the time it was
made or delivered; or
b)
Physician fails or neglects to perform, keep or observe any material
term, provision, condition, obligation or covenant contained in this Agreement which
is required to be performed, kept or observed by Physician, and the same is not
cured to HOSPITAL's reasonable satisfaction within thirty (30) days after
HOSPITAL gives Physician written notice identifying such default; or
c)
Any action or conduct of the Physician which would be grounds for
suspension, restriction or termination of Physician's Medical Staff membership or
clinical privileges at HOSPITAL NAME, or other disciplinary or corrective action,
pursuant to the HOSPITAL NAME Medical Staff Bylaws, regardless of whether
such disciplinary or corrective action is actually taken; or
d)
Conduct by Physician involving unethical conduct, moral turpitude or
fraud, including, without limitation, any violation by Physician of any law or
regulation relating to Medicare, Medicaid or other governmental programs; or
e)
The suspension or revocation of Physician's license to practice
medicine in any state or Physician's federal or state registration to prescribe or
dispense controlled substances; or any other formal disciplinary action taken by
any regulatory or licensing agency, or
f)
An application is made for the appointment of a receiver, trustee or
custodian for by Physician; a petition under the federal Bankruptcy Code or any
other federal or state bankruptcy, insolvency or other similar law or regulation is
filed by Physician; a proceeding or case is commenced against Physician under the
federal Bankruptcy Code or any other federal or state bankruptcy, insolvency or
other similar law or regulation, and such proceeding or case is not dismissed or
stayed within sixty (60) days of filing or Physician makes an assignment for the
benefit of his creditors.
g)
HOSPITAL fails or neglects to perform, keep or observe any material
term, provision, condition, obligation or covenant contained in the Agreement which
is required to be performed, kept or observed by HOSPITAL and the same is not
cured within thirty (30) days after Physician gives HOSPITAL written notice
identifying such default.
4.2. Effect of Default. Upon the occurrence of an Event of Default:
a) If there is an Event of Default by Physician, HOSPITAL may
i) at its option add all unpaid accrued interest to the principal of the
Note for purposes of calculating interest and, in addition thereto, at
its option, may accelerate the payment of all unpaid and
unforgiven principal and accrued interest on the Note in which
event the entire unpaid or unforgiven principal of the Note, and all
accrued interest shall be immediately due and payable in full;
ii)pursue such other remedies as may be available to it under this
Agreement and the other Loan Documents; and
iii) take whatever action at law or in equity may appear necessary or
desirable to collect payments then due (to the extent not
previously forgiven) or thereafter to become due and to enforce
performance of the any covenant, condition or agreement of
Physician under this Agreement.
b) If there is an Event of Default by HOSPITAL which remains uncured,
Physician may
i) elect to terminate the Agreement in which event all amounts
previously loaned to Physician, and all accrued interest, shall be
forgiven in full, or
ii) pursue such other remedies as may be available to Physician
under this Agreement and the other Loan Documents, including
the right to specific performance.
V. TERM AND TERMINATION
5.1. Term. The term of this Agreement shall commence on the Commencement
Date and, unless earlier terminated in accordance with the terms hereof, shall remain in
force until all amounts loaned to Physician have been repaid or forgiven in full in
accordance with the terms of this Agreement.
5.2. Automatic Termination. This Agreement shall be automatically terminated
upon the occurrence of any of the following events:
a)
the death of the Physician;
b)
the suspension or termination of Physician's Medical Staff
membership or the involuntary reduction of Physician's clinical privileges at
HOSPITAL NAME in accordance with the procedures for such actions set forth in
the Hospital Medical Staff bylaws; or
c)
the suspension or revocation of Physician's license to practice
medicine in any state or Physician's federal or state registration to prescribe or
dispense controlled substances.
5.3. Termination by HOSPITAL. At any time during the term of this Agreement,
HOSPITAL, may, in its sole discretion, terminate this Agreement upon the occurrence of
anyone of the following events, effective upon delivery of written notice of termination to
Physician:
a)
the existence of any physical, mental or emotional disability that
renders Physician unable to fulfill substantially Physician's obligations hereunder for
a period of sixty (60) days in any consecutive twelve (12) months;
b)
the enactment of any state or federal law or regulation which prevents
HOSPITAL or any of its affiliates from receiving Medicare, Medicaid or other
reimbursement for services provided by HOSPITAL or any affiliate thereof to
patients referred by Physician, if such law or regulation would prohibit or deny
reimbursement because of the arrangements between HOSPITAL and Physician
pursuant to this Agreement;
c)
HOSPITAL determines after consultation with legal counsel that any
provision of this Agreement or any of the Loan Documents may violate any
applicable federal, state or local law or regulation, or may adversely affect the taxexempt status of HOSPITAL; or
d)
Physician.
the occurrence of any Event of Default under this Agreement by
5.4. Termination by Agreement. This Agreement may be terminated at any time by
mutual written agreement of the parties upon such terms and on such date as the parties
shall agree in writing.
5.5 Termination Due to Legal Requirements. The parties intend that this
Agreement
comply at all times with all existing and future applicable laws, including but not limited to,
state and federal anti-kickback laws, the restrictions on Hospital by virtue of its taxexempt status, the federal law relating to physician referrals (“Stark II”), as well as state
laws relating to physician referrals. If at any time, the Hospital receives advice of counsel
that there is a substantial risk that this Agreement does not comply with an applicable law,
or that this Agreement jeopardizes the exempt status of Hospital or its bonds, or that
Hospital would be legally precluded as a result of this Agreement from billing a third party
payor for services ordered by the Physician, then the parties will use good faith efforts to
reform this Agreement in such a manner so that it complies with applicable law or does
not preclude Hospital from billing a third party payor, as applicable. If, after the exercise
of such good faith efforts for a period of at least thirty (30) days, the parties have not
agreed on amendment(s) to this Agreement that resolve the legal issues referred to
above, Hospital may terminate this Agreement immediately.
5.6. Effect of Termination. Termination of this Agreement by any party shall not
terminate any obligations of any party which arose prior to termination of this Agreement,
nor shall such termination terminate any obligations under the Note or any of the other
Loan Documents; provided, however, that if this Agreement is terminated pursuant to
Section 4.2. (b), 5.2(a) or Section 5.3(a), then, to the extent permitted by applicable law
(including laws applicable to the HOSPITAL by reason of the HOSPITAL' tax-exempt
status), HOSPITAL shall forgive the unpaid balance of the principal amount and
accumulated interest on the Note. Any termination of this Agreement shall be without
prejudice to any other right or remedy to which the terminating party may be entitled,
either at law or in equity, under this Agreement or otherwise.
In the event of termination of this Agreement by HOSPITAL pursuant to 5.2.
(b) or (c), or 5.3. (b), (c) or (d), any amounts loaned to the Physician which remain unpaid
or unforgiven shall become immediately due and payable in full.
VI. ACCESS TO BOOKS, DOCUMENTS, AND RECORDS OF THE PHYSICIAN
To the extent Section 952 of the Omnibus Reconciliation Act of 1980 (the "Act")
and the regulations promulgated thereunder are found applicable to this Agreement, until
the expiration of four (4) years after the furnishing of services pursuant to this Agreement,
Physician and the organizations related to Physician, if any, performing any of the duties
of this Agreement valued at Ten Thousand Dollars ($10,000) or more in a twelve (12)month period shall comply with requests by the Inspector General of the United States,
the Secretary of the Department of Health and Human Services or their duly authorized
representatives for access (in accordance with Section 952 of the Act) to any contract or
agreement between Physician and such related organization, as well as the books,
documents, and records of the Physician and Physician's related organizations, if any, that
are necessary to certify the extent of any costs of HOSPITAL arising from the Agreement.
VII. RELATIONSHIP OF PARTIES
7.1. Independent Status. It is agreed that in performing the obligations hereunder,
Physician will be and is an independent physician and shall nothing herein shall be so
construed as to establish an employment, master-servant, agency or other like
relationship between HOSPITAL and Physician. HOSPITAL shall neither have nor
exercise any control or discretion over the methods by which Physician will perform
Physician's duties and functions. Physician will pay and be responsible for all applicable
federal, state, and local income taxes, gross receipts taxes, F.I.C.A., unemployment, and
disability benefits and workers' compensation obligations that may arise in connection with
the services provided by Physician pursuant to this Agreement.
7.2. Representations and Warranties. The HOSPITAL and Physician stipulate,
represent and warrant each unto the other that:
a)
There is no express or implied condition or understanding between
the HOSPITAL and the Physician which conditions this Agreement or the benefits
to be provided hereby upon referral by Physician of patients or other business to
the HOSPITAL, or any of its affiliates;
b)
Physician is free to establish medical staff privileges at, to refer
patients and business to, and to provide services in health care facilities and/or
entities other than the HOSPITAL and its affiliates;
c)
The benefits to be provided to Physician pursuant to the terms of this
Agreement will not, under any circumstances, vary based upon the volume or value
of business Physician generates for HOSPITAL or its affiliates;
d)
The purpose of the benefits provided by HOSPITAL to Physician
pursuant to the terms of this Agreement is to assist Physician in starting a medical
practice in the Service Area; and
e)No provision of this Agreement is intended as a means of offering
compensation to Physician as an inducement for referrals of patients or business
by Physician to HOSPITAL or any of its affiliates.
VIII. MISCELLANEOUS PROVISIONS
8.1. Notice. All notices, requests, demands, approvals, and other communications
required or permitted by this Agreement shall be in writing and sent by certified mail or by
personal delivery, and shall conclusively be deemed to have been received on the date
such notice is delivered at the address specified below (or hereto), or, in the case of
certified mail, on the fifth (5th) business day following the date on which it was mailed:
If to HOSPITAL:
HOSPITAL
Attention: President and Chief Executive Officer
ADDRESS
NAME OF CITY, NAME OF STATE, ZIPCODE
If to Physician:
_______________________ M.D.
(NAME OF STATE address to be determined)
8.2. Entire Agreement: Physician and HOSPITAL agree that this Agreement,
together with the other Loan Documents, constitutes the entire agreement among them
with respect to the subject matter hereof, and that any and all prior discussions,
negotiations, commitments, and understandings relating thereto are hereby superseded
and merged herein. The terms and provisions of this Agreement shall not be changed,
amended, waived, modified, or terminated in any respect whatsoever except by a written
instrument executed by the parties hereto. Either HOSPITAL or Physician may request a
modification of this Agreement by written notice in the event of a change in or binding
interpretation of a law, regulation, or administrative policy by any governmental entity that
adversely affects the material terms of this Agreement. In the event that the parties are
unable to agree upon an acceptable modification, then either party shall have the right to
terminate this Agreement upon ten (10) days' written notice to the other party.
8.3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of NAME OF STATE.
8.4. Assignment. This Agreement shall be binding upon and shall inure to the
benefit of HOSPITAL and the Physician, and their respective heirs, successors and
assigns. The Physician shall not have the right to assign any of the Physician’s rights, or
obligations hereunder, in whole or in part, without the 'prior written consent of HOSPITAL.
HOSPITAL may assign its rights and obligations under this Agreement without the
consent of Physician.
8.5. No Waiver of Rights. Neither any failure nor any delay on the part of any party
in exercising any right, power, or privilege hereunder shall operate as a waiver thereof on
the part of such party, nor shall a single or partial exercise thereof preclude any other or
further exercise, or the exercise of any other right, power or privilege by such party.
8.6. Headings. The articles and other headings of this Agreement are for
reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
8.7. Severability. If any of the provisions of this Agreement is held to be illegal,
invalid or unenforceable in any respect, HOSPITAL and Physician agree that such term or
provision shall be deemed to be modified to the extent necessary to permit its
enforcement to the maximum extent permitted by applicable law, if practical. If any of the
provisions of this Agreement is held to be illegal, invalid or unenforceable in any respect,
the remainder of this Agreement and all other provisions hereof shall not be affected
thereby, if practical.
8.8. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be considered an original, and all of which taken together shall be
considered one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement, in duplicate originals, one of which is retained by each party.
ATTEST:
___________________________
[SEAL]
Secretary or Assist. Secretary
HOSPITAL
By:______________________________
President or Vice President
PHYSICIAN:
___________________________, M.D.