Common use of Optometrists Clause in Contracts

Optometrists. The Parties acknowledge that the foregoing provisions shall also restrict any company to which a Restricted Party provides management services, and the Restricted Party shall disclose this restriction to any company to which it provides management services and obtain their agreement to be bound to this Non-Solicitation clause. Notwithstanding the foregoing, the Parties acknowledge that the foregoing restrictions in clause (A) above shall not apply to general advertisements in newspapers, magazines or other periodicals that are widely distributed, but the Restricted Parties shall continue to be bound by the restrictions and prohibitions set forth in clauses (B) and (C) with respect to any optometrist responding to such advertisements. Further, with respect to clause (C) the term "other relationship" shall not include a relationship with an optometrist which consists SOLELY of the inclusion of such optometrist on the managed vision care plan panels or selling optical goods to, or purchasing optical goods on behalf of, such optometrists. 5 <PAGE> (b)

Optometrists. The Parties acknowledge that the foregoing provisions shall also restrict any company to which a Restricted Party provides management services, and the Restricted Party shall disclose this restriction to any company to which it provides management services and obtain their agreement to be bound to this Non-Solicitation clause. Notwithstanding the foregoing, the Parties acknowledge that the foregoing restrictions in clause (A) above shall not apply to general advertisements in newspapers, magazines or other periodicals that are widely distributed, but the Restricted Parties shall continue to be bound by the restrictions and prohibitions set forth in clauses (B) and (C) with respect to any optometrist responding to such advertisements. Further, with respect to clause (C) the term "other relationship" shall not include a relationship with an optometrist which consists SOLELY of the inclusion of such optometrist on the managed vision care plan panels or selling optical goods to, or purchasing optical goods on behalf of, such optometrists. 5 <PAGE> (b).