5.3 Cancellation for Infringement. Notwithstanding any statutes, rules or regulations relating to hospitals or medical personnel, any party has the right to terminate this Agreement in writing within thirty (30) days if the party to whom such notification is issued materially violates any provision of this Agreement. The party invoking the right of termination shall set out in the communication the facts underlying its assertion that the other party was in breach of that agreement. The party receiving such notification shall have ten (10) days from receipt of such notification to remedy the infringement described in the communication. In cases where the offence cannot be properly cured within ten (10) days, but can be cured within a reasonable time, the party invoking the offence must set, in the notification of the offence, a reasonable period within which the offence can be cured. Compensation for such infringement within ten (10) days of receipt of such notice or within the time limit set out in the notification of the infringement shall be revived for the remaining period, subject to any other right of termination set out in this Section or any other provision of this Agreement. A breach of this agreement, based exclusively on an infringement committed by one or more of the contractor`s doctors or a substitute doctor, may be cured by the removal or transfer of such a doctor to another hospital. 5.7 Competition. In the event that the Contractor is directly or indirectly the owner, administration, rental, staff or any other participation in the operation of a radiology or diagnostic or therapeutic imaging service in the primary service area of the hospital (defined by the name ___), the hospital reserves the right to terminate the agreement in writing with a period of ninety (90) days.
CONSIDERING that the Hospital wishes to instruct the Contractor to provide certain professional medical and administrative services, as described in this Agreement and described in Sections 2.3 and 2.4 (the « Services ») to patients and physicians who are under the care of the Department. 5.8 Termination related to independent contractor status. Either Party may terminate this Agreement in writing with thirty (30) days to the non-resilient Party if the Internal Revenue Service (IRS) makes a final decision concluding that the Contractor, its staff or representatives, including radiologists, do not have the status of an independent licensee. The Contractor undertakes to bear all of the hospital`s increased costs for the provision of administrative services provided by the Contractor, its staff or representatives, including radiologists, in accordance with this Agreement, which shall take effect from the date of issue of the final decision by the IRS. The ENTREPRENEUR is a licensed company in the _____ and provides professional medical radiology services by licensed and qualified physicians (respectively a « radiologist » and, jointly, « radiologists ») and other personnel employed or mandated by partners or members of the Contractor. 2.10 Use of Premises. The Contractor may not use or authorize any part of the service or facilities that are employed, mandated or related to the Holder for any purpose other than the provision of the Services under this Agreement or under an agreement with an undertaking related to the Hospital. Notwithstanding the foregoing, the Hospital acknowledges that the Contractor also provides services at other facilities in the Region and that, under this Agreement, the effective provision of hospital services requires the Contractor`s radiologists to sign reports and/or conduct individual consultations regarding inpatients while they are physically at another hospital site. . .