Common use of No Referrals Required Clause in Contracts

No Referrals Required. The Parties expressly acknowledge that neither Licensor nor any of its owners, directors, officers, agents, contractors, employees or representatives are required or have been encouraged to refer patients to Licensee or Sublicensee, and that any remuneration paid to Licensor hereunder is not offered, paid, solicited or received with the intent of inducing or encouraging the referral of patients or customers to Licensee or Sublicensee. The Parties further expressly agree that (a) each Service Area does not exceed that which is reasonable and necessary for the legitimate business of Sublicensee in such Service Area and (b) the fees and other remuneration paid to and received by Licensor hereunder (including, without limitation, Monthly License Payments) (i) are set in advance, (ii) are consistent with fair market value, (iii) have been negotiated as part of an arms-length transaction, (iv) do not take into account the volume or value of any referrals or other business generated between the Parties, nor do they include any additional charges attributable to the proximity or convenience of either Party to the other as a potential referral source, and (v) would be commercially reasonable even if no referrals are made between Licensee and Licensor or their respective affiliates.

No Referrals Required. The Parties expressly acknowledge that neither Licensor LICENSOR nor any of its owners, directors, officers, agents, contractors, employees or representatives agents are required or have been encouraged to refer patients to Licensee or SublicenseeLICENSEE, and that any remuneration paid to Licensor LICENSOR hereunder is has not been offered, paid, solicited or received with the intent of inducing or encouraging the referral of patients or customers to Licensee or SublicenseeLICENSEE. The Parties further expressly acknowledge and agree that (a) each Service Area does the Spaces do not exceed that which is reasonable and necessary for the legitimate business of Sublicensee in such Service Area LICENSEE therein; and (b) the fees and other remuneration paid to and received by Licensor LICENSOR hereunder (including, without limitation, the Monthly License Payments) ): (i) are set in advance, ; (ii) are consistent with fair market value, ; (iii) have been negotiated as part of an arms-length transaction, ; (iv) do not take into account the volume or value of any referrals or other business generated between the Parties, nor do they include any additional charges attributable to the proximity or convenience of either Party to the other as a potential referral source, ; and (v) would be commercially reasonable even if no referrals are made between Licensee LICENSEE and Licensor LICENSOR or their respective affiliates.