Common use of Services to be Provided by Manager Clause in Contracts

Services to be Provided by Manager. In consideration of the compensation described in Article II hereof, MANAGER shall be the exclusive provider of the services described in this Article I, subject to the management and administrative policies established by the IPA Executive Committee, more particularly described in Article III below, in a timely manner and with sufficient staff and resources. MANAGER will have no authority, directly or indirectly, to perform, and will not perform, any medical function. MANAGER may, however, advise IPA as to the relationship between its performance of medical functions and the overall administrative and business functioning of the IPA. To the extent that MANAGER may assist the practice in the credentialing of physicians, the administration of a utilization review and quality management program, and the implementation of data processing or programs for analyzing the utilization of health care services by IPA Physicians, MANAGER shall have no control or direction over the delivery or provision of medical services and all such medical services shall be provided under the professional direction and supervision of IPA Physicians. To the extent any act or service required of MANAGER in this Agreement should be construed or deemed, by any governmental authority, agency or court to constitute the practice of medicine, the performance of said act or service by MANAGER shall be deemed waived and forever unenforceable.