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Consultant Agree Draft

The Medical Professional Services Agreement outlines the terms between Health Plus Hospital & Research Center and a qualified medical practitioner for part-time consultancy services. The Consultant is expected to provide medical services, maintain necessary licenses, and adhere to hospital bylaws while being compensated based on service fees. The agreement includes provisions for confidentiality, obligations of the Consultant, and conditions regarding conflicting medical practices.

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0% found this document useful (0 votes)
46 views15 pages

Consultant Agree Draft

The Medical Professional Services Agreement outlines the terms between Health Plus Hospital & Research Center and a qualified medical practitioner for part-time consultancy services. The Consultant is expected to provide medical services, maintain necessary licenses, and adhere to hospital bylaws while being compensated based on service fees. The agreement includes provisions for confidentiality, obligations of the Consultant, and conditions regarding conflicting medical practices.

Uploaded by

JOGEN KUMAR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

MEDICAL PROFESSIONAL SERVICES AGREEMENT PART TIME

This Medical Professional Services Agreement ("Agreement") is entered into on the .......... day of 2025
at Bokaro.

By and between:

Health Plus Hospital & Research Center (HPHRC), a Proprietor firm incorporated under the provisions of the
Companies Act, 1956 and having its registered office at HPHRC, Kamaldih, Chas, Bokaro,
Jharkhand, 827013, represented by its unit, with complete address (hereinafter referred to as the
'Company' which term shall, unless repugnant to the context or meaning hereof, be deemed to mean and
include its successors and permitted assigns) of the One Part.
And
Dr…………………………… S/o,W/o,D/o………………………………………………………………………………… aged about
……………………years, having permanent residence at …………………………………………… present address at
……………………………………………………………………….. (hereinafter referred to as the "Consultant" of the SECOND
PART, which expression shall, unless repugnant to the context or meaning thereof be deemed to include
his/her heirs administrators, executors, successors, assigns or any person claiming through or under him/her)
of the Other part.
Company and the Consultant are hereinafter referred to individually as a "Party" and collectively as "Parties".

WHEREAS:

A. COMPANY is engaged in providing health care services to the general public in India. In the ordinary
course of its business, COMPANY has established a multi-specialty hospital at Bokaro under the brand
name "Health Plus Hospital & Research Center" and hospital is situated at Bokaro(hereinafter referred
to as "Hospital"). The Hospital requires qualified Medical Practitioners/professionals to render
Medical professional services.

B. Consultant represented to COMPANY that, he/she is a qualified medical practitioner possessing


requisite Academic qualification, expertise, experience and specializations in the domain of ENT and
duly licensed by the National Medical Commission/ Medical Council of India/ State Medical Council/
Competent professional bodies to practice medicine in India and to perform the Medical Professional
Services (hereinafter referred to as "Services" (hereinafter referred to as "Services", more fully
defined in Annexure 1 hereunder) as required by COMPANY at the Hospital as a Part Time Consultant

C. In consideration of the mutual agreements between the Parties hereto and the Good Medical
Practices recorded herein, and to record the terms and conditions agreed to between the Parties
regarding the engagement of the Part Time Consultant by the Company, the Parties are desirous of entering
into this Agreement on the terms and conditions contained herein.
D. The Parties wish that their relationship and Services to be governed by the terms and conditions laid
down in this Agreement.

Definitions:

1. Part time consultant:

For the purposes of this Agreement and in connection with the Consultant performing the Services
under this Agreement, a Part Time Consultant shall mean and include a medical practitioner
possessing the requisite qualifications credentialed and privileged to perform such invasive and/or
non-invasive medical procedures and treatment at the Hospital controlled and managed by Care
having agreed to render his/her professional services of not less than 12 hours and not more than 48
hours as mentioned in the medical bylaws and Manual of Administration for Doctors, and rendering
his/her professional services for such numbers of hours as may be mutually agreed between the
Consultant and the HCOO of the respective Hospital, having right to outpatient consultation and
treatment in COMPANY'S facility and also having right to admit patients for invasive and/or non
invasive treatment and/or procedures under his/her care. He/ she has a right to render professional
services at his/her private practice in any clinics, teaching or non-teaching hospitals, medical colleges,
clinics and other medical institutions other than the facilities managed by HPHRC, in any capacity.
However, such outside Hospital practice shall not have any conflict of interest. Further, the list of
hospitals where he/she is rendering services shall be produced to the Management of the hospital in
the appropriate coded form. Further the consultant shall render services as provided in the specialty
privileging form

2. Primary Hospital.

For the purposes of this Agreement and in connection with the Services, with respect to any
Consultant a Primary Hospital shall mean such Hospital/Facility of COMPANY where the Consultant
has agreed to perform his/her substantial portion of professional Services under this Agreement and
his/her professional service charges are accounted and paid from such Hospital.

3. Associate Hospital/Facilities

For the purposes of this Agreement, with respect to any Consultant, an Associate Hospital shall mean
and include such other Hospitals and Facility/ Facilities owned and/or managed by COMPANY (other
than Primary Hospital), where in addition to rendering the Services at Primary
Hospital, the Consultant may also require to render his/her professional Services on a
temporary/occasional/ periodic/ pre-decided regular timings basis. The term "Facility/Facilities" shall
mean to include the existing multi-specialty hospitals, clinics, diagnostic centres, etc, managed and
controlled directly by COMPANY or to be established in future directly or in association with any other
institutions under any arrangement with such other institution. The Consultant shall have a separate
agreement with the Associate Hospital and his payment shall be from such hospital

NOW THEREFORE, in consideration of the promises and covenants herein set forth and for other good and
valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the
Parties mutually agree as follows:

1. Term.
Subject to the terms mentioned hereinafter, this Agreement shall come into force from
…………………(Effective date) and shall remain effective and bind the Parties for a period of two years
from the date of execution of the Agreement ("Term"), with an option to continue the engagement if
both parties are agreeable, in writing.

2. Obligations of the Consultant.

2.1 The Consultant hereby agrees to devote his/her best efforts to render Services at the
Hospital/Facilities, including such reasonable additional time as may be required by the Facilities for
the purposes of being on-call or for completing rounds. The Services schedule of the Consultant at the
Facilities shall be set in consultation with the HCOO and Medical Superintendent of the respective
Facility. The Consultant hereby affirms and acknowledges that, the nature of the Services of the
Consultant as one which would require the Consultant to respond to emergency calls and provide
occasional extra coverage, including night call duty in addition to that set out in the Schedule as the
situation demands. This shall also include ROTA services. Consultant, shall participate in on-call ROTA.
On call request, will be considered unperformed if a Consultant has not responded (by telephone or
otherwise) within 30 minutes

2.2 The Consultant agrees to provide Services at the Facilities to all persons, regardless of person's race,
religion, Nationality caste or social standing.

2.3 The Consultant agrees not to dispense or carry out the direct sale of any medication or other ancillary
service or any other healthcare products or services within the Hospital premises including
distribution of free samples of any healthcare product.

2.4 The Consultant shall at his/her own cost obtain and maintain medical malpractices insurance
coverage policy for a sum notified by the Corporate Office (Group CMS) detailed in Annexure 2 below
and furnish a copy of the same to HR. If the Consultant fails to obtain/renew the same or upon
Consultant's request COMPANY may at its sole discretion obtain necessary insurance coverage for
Consultant and debit the charges to the account of the Consultant.
2.5 The Consultant hereby represents and warrants that, during the Term, all necessary
registration(s)/licenses/authorizations with the State Medical Council and any other relevant
professional body governing the practice of medicine by the Consultant is/are maintained in order
and periodically renewed as per mandate by the Medical Superintendent.

2.6 The Consultant hereby agrees to participate in all/any of the Hospital's medical programs or camps as
he/she may be requested to by the Hospital, from time to time.

2.7 COMPANY hereby agrees to provide necessary paramedical, administrative, support staff and all
necessary infrastructure reasonably required by the Consultant to render Services at the Facility.

2.8 To ensure better harmonious medical practices at the Hospital, the Consultant hereby agrees to abide
by COMPANY's Medical Bylaws, Manual for Medical Services for doctors, Manual of Administration
for doctors, other Manuals issued by the management from time to time and such. other documents
detailed in Annexure 1 to this Agreement and / or any other guidelines/policies Intimated by
COMPANY from time to time, in various Manuals issued by the Company periodically.

2.9 The Consultant hereby agrees (i) to undergo reasonable skill enhancement training for self-
development and (i) to impart necessary training to the medical and paramedical junior staff at the
Hospital as may be advised by COMPANY from time to time..(ii) to attend all CMEs that are required
annually by the State Medical Council to allow continuity of practice (iv) Participate in induction
imparted by the Hospital before commencing his/her clinical practice at the hospital.

2.10 The consultant agrees to be guided by Clinical Practice Guidelines issued from time to time by the
hospital based on national and international standards of treatment and other procedures issued
through manuals and forms, also issued periodically

2.11 The Consultant hereby confirms and warrants that, all patients under his/her care at the Hospital shall
be treated at the respective Hospital itself. However, if the infrastructure and facilities at the Facilities
are not adequate to treat a particular patient, then Consultant may arrange for referral of such
patients to any other medical facility, with the consent of the MS/ HCOO of the concerned Facility.

2.12 Every document which needs signature of the Consultant (not limited to the prescription, case
progress notes etc.,) shall be promptly signed. However, in the event of any document being signed
by a person other than the Consultant, but under express the authority of the Consultant then the
Consultant shall subsequently verify and validate the correctness of the contents of the document
signed by the authorized person, within 24 hours.

3. Conflicting Medical Practice and Non-Compete..

3.1 The Consultant shall, at the commencement of the Term, inform COMPANY in writing of his/her all
clinical attachments direct or indirect with other clinics, hospitals, research centers, teaching medical
institutions. The Consultant further agrees to keep COMPANY Informed as and when any new clinical
attachment associations are made. However, such information shall be provided to COMPANY prior
to the Consultant making such new clinical associations. In the event, in COMPANY's sole discretion,
any clinical association of the consultant is deemed to conflict with the Consultant's engagement with
COMPANY, then COMPANY may request the Consultant in writing to withdraw from such association,
or to refuse to accept such clinical association, in such an event the Consultant shall forthwith
withdraw from or refuse to accept such attachment.
4. Compensation.

4.1. In consideration of Consultant's Services at the Facilities, COMPANY shall pay to the Consultant
Service Charges (hereinafter referred to as the "Service Fee") in accordance with the arrangement
mentioned in Annexure 2 to this Agreement. It is clarified that, all earnings of the Consultant for
rendering Services either at Primary Hospital or at Associate Hospital shall be accounted and paid to
the Consultant from respective Hospital where he/she is rendering the services

4.2 For this purpose on or before 7th day of every calendar month COMPANY shall furnish to the
Consultant, the details of all the Service Fee accrued at Primary and Associate Hospitais during the
previous calendar month which is due and payable by COMPANY to the Consultant. It is further
agreed that, such details shall fairly reflect the proportionate treatment charges collected from the
patients/third party administrators/medical Insurers at each Hospital.

4.3 In the absence of any notice of discrepancy from the Consultant, it is deemed that the Service Fee
accrual details are correct and COMPANY shall after adjusting all interim payments made to the
Consultant arrange to pay the balance Service Fee not later than the (15) day of each calendar month
following the calendar month for which the Service Fee is due and payable. In the event any
discrepancy is noticed by the Consultant or COMPANY as the case may be and brought to the
concerned Party's notice, then, the Parties shall reconcile the discrepancy and the same shall be
settled on or before subsequent Service Fee payment due date.

4.4 The Consultant agrees and acknowledges that, he/she is aware of the fact that, COMPANY has
entered into Memorandum of Understandings/Business arrangements with various Corporate
entities, Insurance Companies and Third Party Administrators (TPA) etc., for providing healthcare
services to their employees/members/ insured as the case may be on credit basis and the credit
period varying from 30 to 90 days from the date of submission of bills to the client. The Consultant
being aware that the billing shall be done as per eligibility or terms which the patient is entitled to, as
per MOU and the letter of credit that the patient brings at the time of coming to the hospital. For
example, if the patient is entitled to a double occupancy room, but wishes to occupy a deluxe room,
the rates will differ. A written statement is obtained from the patient or attendant that the balance
not reimbursable from his company as per MOU and credit letter, shall be paid by himself or herself
and this difference amount shall be collected by the administration team of the hospital, prior to
discharge. Payment to the consultant will be only as per MOU with TPA/Corporate etc and any
amount charged over and above this shall be paid to the consultant only after the excess amount is
settled and received by the hospital from the patient

4.5 COMPANY/Facilities shall provide all necessary support staff, medical equipment and suitable work
space for the due performance of Services, without charge or any offset to the Service Fee paid to
the Consultant.

5. Consultation Fee The Hospital shall set, and the Consultant shall agree to, the Consultation Fees
charged to patients for the provision of medical services by the Consultant. Charges for services shall
be those that are reasonable and customary in the market in which the Hospital is located. Charges
for services to the beneficiaries of third party pay agreements shall be as required under the terms of
the agreements between the Hospital and such third parties.

6. Undertakings. The Consultant hereby undertakes and covenants as follows:

6.1 Confidential Information

6.1.1 For the purpose of this Agreement, the term "Confidential Information" shall be deemed to be all
information howsoever furnished or supplied or caused to be furnished or supplied to the Consultant
(before or after the Effective Date) or obtained or received by the Consultant from the
COMPANY/Facilities or its patients (before or after the Effective Date) in oral, written or any other
form including but not limited to the Information which is of a technical, commercial, legal or financial
nature pertaining to the business or operations of COMPANY/Hospital, its patients and other persons
with whom the Hospital has financial, legal or commercial dealings. For avoidance of doubt, such
Confidential Information shall also include, without limitation, computer programs, codes,
specifications, systems, know-how, processes, ideas, inventions (whether or not patentable). patient
data, treatment data, other technical, business and financial Information and all Information
concerning current, future or proposed products or services, patient lists and printouts, marketing or
sales plans and any and all other information or materials relating to the business and operations of
the Hospital.

6.1.2 The Consultant hereby undertakes and covenants at all times during the Term and thereafter, to hold
in strictest confidence and not to use, disclose, remove or transfer whether directly or indirectly, to
any person, firm or corporation, any Confidential Information save under the following instances:

(a) The use, disclosure, removal or transfer is required for the purpose of the performance of
the Consultant's Services or functions at the Facilities and

(b) The use, disclosure, removal or transfer is lawfully required under the provisions of any
written law or is authorized by the General Manager of the Hospital.
6.1.3 In the event that the Consultant is requested pursuant to, or required by law to disclose any
Confidential Information or any other information concerning the Hospital or its patients, the
Consultant hereby undertakes and covenants that he/she:-
(a) Will provide the Hospital with prompt notice of such request or requirement in order to
enable the Hospital to seek an appropriate protective order or other remedy; and

(b) Consult with the HCOO of the Hospital with respect to its taking steps to resist or narrow the
scope of such disclosure or legal process, or to waive compliance, in whole or in part, with
the terms of this Agreement.
6.1.4 In any such event, the Consultant hereby undertakes and covenants to use his/her best efforts to
Ensure that all Confidential Information and other information that is so disclosed will be accorded
confidential treatment.

6.1.5 The Consultant hereby undertakes and covenants that he/she will not retain in his/her personal
possession any proprietary or Confidential Information of the Hospital or its patients whatsoever,
save in the course of his/her duty to retain it and in compliance with all directions issued or approved
by the Hospital with regards to the storage of such information, the return and disposal thereof.
6.1.6 In the event that the Hospital, in its sole discretion so requests, the Consultant will and hereby agrees
to, promptly deliver to the Hospital including all copies, reproductions, summaries, analyses,
memoranda, notes or extracts thereto or based thereon (whether prepared by the Consultant, the
Hospital or otherwise) in his/her possession or control.

6.1.7 The Consultant hereby acknowledges and affirms that he/she is bound by a relationship of doctor-
patient confidentiality to each patient of the Hospital.

6.2 Maintenance of Records

6.2.1 The Consultant hereby undertakes and covenants to keep and maintain adequate and current written
records of all diagnosis, treatment, research, inventions and original works of authorship made by
him/her (solely or jointly with others) which relate or derive from his/her engagement with
COMPANY/Hospital. The records shall be in the form of notes, sketches, drawings and any other
format that may be specified by the Hospital. The records shall remain the sole property of the
Hospital at all times.

6.2.2 The Consultant hereby affirms his/her understanding that COMPANY /Facilities use an Medical
Records (MR) system to capture and store all patient and treatment data. The Consultant shall be
required to make extensive use of EMR system in the course of the provision of the Services. The
Consultant hereby undertakes and covenants to utilize the EMR system only as directed and as
notified by COMPANY through any method whatsoever, including printed manuals. The consultant
shall enter the date, time, patient complaints, clinical findings, results of laboratory and radiology
findings, diagnosis, prognosis, discussion with family, prescription and ordering of further tests
6.3 Non solicit

6.3.1 The Consultant hereby undertakes and covenants to COMPANY/Hospital that during the Term,
whether as a result of a breach of Agreement or otherwise, he/she shall not, whether on his/her own
or for any other person, firm or organization, directly or indirectly:

(a) in competition with the Hospital, solicit business from or canvass or otherwise have dealings with any
person, firm, company or organization who is or was a patient of the Hospital or who at that time was
negotiating with or contemplating doing business with the Hospital, and with whom he/she has had
personal dealings during the Term;

(b) (b) Solicit or entice away from or endeavor to solicit or entice away from the Hospital any employee,
whether or not such a person would commit any breach of his/her Agreement of employment by
reason of leaving the service of the Hospital.

6.4 Inventions and other Intellectual Property

6.4.1 The Parties hereby undertake, covenant and confirm that any invention, Improvement or design
made or copyright work or trade mark or trade name ("Intellectual Property") created by the
Consultant at any of the Hospitals of COMPANY during the term of this Agreement (whether capable
of registration or not) in conjunction with or in any way affecting or relating to the business of
COMPANY then the Consultant and COMPANY shall jointly apply, register and hold them as co
applicants in the following manner and shall also have all rights flowing there from Including the
rights to assign and grant on license/sub-license to any third parties.

6.4.2 In case of any Invention/discovery made during the Term of this Agreement at COMPANY / or if
research material from COMPANY has been used for the invention/discovery, then Intellectual
Property rights towards the same shall be registered jointly and the commercial exploitation of the
same shall be shared equally between the Consultant and COMPANY.

6.4.3 In case creation of such intellectual property Involves the participation of multiple Institutions and
one such participant being COMPANY or the cases involving multiple Consultants then, the ownership
of such intellectual property shall be held jointly by all such institutions/Consultants as the case may
be and commercial exploitation of the same if any shall be shared in proportion that would have been
predetermined before the commencement of any such project/clinical trial.

6.4.4 In case any material capable of registering as an intellectual property and the same is being published
then due acknowledgment has to be given to COMPANY and other associated. departments as the
case may be.

6.4.5 It is further agreed that, in any event on account of any of the statute/s of India or of any other
country governing the intellectual property rights of the parties prohibits the granting of any
intellectual property rights to COMPANY as a co-inventor for the reason that no such rights can be
granted or registered in the name of a body corporate then, in such a case the Consultant shall obtain
the same in his/her name and thereafter hold the same in trust for COMPANY and promptly execute
the instructions of COMPANY as far as COMPANY's rights are concerned.

6.4.6 The Parties undertake and covenant to observe and comply with all relevant patent and copyright
laws and regulations in India by which they are bound.

6.4.7 The Consultant hereby undertakes and covenants that he/she shall: (i) notify COMPANY promptly of
any unauthorised possession, use, or knowledge, or attempted possession, use or knowledge, of any
Confidential Information by any person or entity which may become known to him/her during the
Term; (ii)promptly furnish to COMPANY full details of such unauthorised possession, use, or
knowledge, or attempted possession, use or knowledge, and use reasonable efforts to assist
COMPANY in investigating or preventing the reoccurrence of such unauthorised possession, use,
or knowledge, or attempted possession, use or knowledge, of the Confidential Information; ()
cooperate with COMPANY in any litigation and Investigation against third parties deemed necessary
by COMPANY to protect its proprietary rights; and (iv)promptly prevent a reoccurrence of any such
unauthorised possession, use, or knowledge of the Confidential Information.

6.5 Assets: utilization and return

For due discharge of Services under this Agreement, the Consultant may be provided necessary
equipment/communication devises owned/leased by COMPANY (hereinafter referred to as
"COMPANY Assets". Consultant hereby undertakes to utilize COMPANY assets in a prudent manner
only for rendering Services (Authorized Purposes) and further assures that, the same shall not be used
for any other unauthorized purposes. In the event of loss, damage or destruction of COMPANY assets
the Consultant shall promptly report such incidents to COMPANY and extend necessary support and
assistance towards recovery of COMPANY Assets.

6.6 Assistance in litigation

Consultant hereby agrees with COMPANY that, in connection with Services rendered by Consultant at
the Facilities, the Services of Consultant at the Hospital may be called in question either by the
patients or patient's legal representatives before the competent court/forums by initiation of an
appropriate legal proceedings against the Parties jointly or severally. In such an instance
notwithstanding the currency of this Agreement the Parties shall act in good faith and extend all
necessary assistance and cooperation to prosecute/defend any original or appellate proceedings. In
this regard, COMPANY at its own discretion shall have the right to engage the services of an
appropriate medico legal/ legal professional consultant, of COMPANY's choice, to defend any such
claims/ legal proceedings on behalf of COMPANY and all the medical and para-medical staff involved
in the medical care and arrayed as opposite parties including the Consultant. If the situation so
warrants, then COMPANY shall have a right to enter into a compromise at any stage of the legal
proceeding or even without any necessity for initiation of a legal proceeding with the claimants, for
which the Consultant shall have no objection. However, the Consultant shall not enter into any
compromise and shall refrain from doing any acts or omissions that may jeopardize COMPANY and
the Consultant's right of defense before appropriate forum, without seeking prior written approval of
COMPANY.

7. Termination.

7.1 During the Term of this Agreement:

a. COMPANY shall have the right to terminate this Agreement without cause by providing a prior written
notice of Thirty (30) days to the Consultant for such termination or at its sole discretion pay a
proportionate service fee in lieu of the dispensation of services of the Consultant during the notice
period.

b. The Consultant shall have the right to terminate this Agreement without cause by providing a prior
written notice of Thirty (30) days to COMPANY for such termination. However, COMPANY may at its
sole discretion dispense the Services of the Consultant during the
notice period with or without insisting for payment of compensation equivalent to the proportionate
service fee towards dispensation of services of the Consultant during the notice period.

7.2 The Hospital shall have the right to terminate this Agreement at any time forthwith without prior
written notice if:

a) The Consultant ceases to maintain good standing with the Medical Council of India, State Medical
Council and/or is no longer authorized to practice his or her profession;
b) The Consultant becomes incapable of carrying out his/her duties in keeping with the best Interests of
his/her patients;
c) The Consultant practices medicine deemed to be below clinic/organization standards, as reasonably
determined by the Hospital;
d) The Consultant is convicted of any criminal offense in a court of law; or
e) The Consultant is accused of an act or omission involving moral turpitude, or has indulged himself/
herself in such activities that may have a negative impact on the image, reputation, or goodwill of
COMPANY; or
f) The Consultant commits any breach of his/her obligations under this Agreement.
In case of termination under clause 7.2 of this Agreement, the MS the Hospital/ Facility reserves the
right to assign/ transfer the care of the Residuary Patient to other medical professionals, without any
further notice to the Consultant.

8. Indemnity.
8.1 Consultant hereby agrees to Indemnify COMPANY, Its directors and employees (hereinafter referred
to as "Indemnified") from and against all direct cost, damages or losses that the Indemnified may
suffer or actually suffered arising out of or in connection with the breach of any representation,

warranty and / or obligations of the Consultant under this Agreement or under law.. In addition to the
above, in the event of a case being decided by the court as proven medical negligence by the treating
consultant, he/she shall indemnify the company and deposit the prescribed amount with the said
court. At the time of joining, along with all the documents mandated to be given to the hospital, the
consultant shall also provide a valid professional indemnity insurance for the amount prescribed in
Annexure 2 and also cited at clause 2.4 above

8.2 Likewise COMPANY shall indemnify the Consultant against all direct cost, damages or losses that the
Consultant has suffered arising out of or in connection with the breach of any representation,
warranty and/or obligations of COMPANY under this Agreement or under law.

8.3 It is made explicit that, neither Party shall be liable to the other towards any consequential or
incidental loss or damage

9. Applicable laws and dispute resolution.


The Parties hereby agree that, this Agreement shall be governed by the laws of Republic of India. All
or any dispute arising out of this Agreement shall be referred to and settled by binding arbitration of a
mutually agreed sole arbitrator. The arbitral proceedings shall be conducted according to the
provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended/substituted from time to
time. The order of the arbitrator shall be final and binding upon both the Parties. The Parties agree
that, the venue of arbitration shall be Hyderabad. Notwithstanding the multiple courts having
jurisdiction, the Parties explicitly agree that the courts at Hyderabad shall alone have exclusive
jurisdictions to entertain any claim for interim relives pending arbitration.

10. Relationship between the Parties

The relationship between the Parties under this Agreement is on Principal-to-Principal basis and does
not constitute a Master-Servant, Principal-Agent, or joint venture between the Parties.

11. General.

11.1 This Agreement along with the Annexures and Schedules fully integrates the understanding between
COMPANY and the Consultant, and supersedes all prior correspondence and communications, oral or
written, between the Parties regarding the terms and conditions of this Agreement. This Agreement
may only be amended or modified by a written agreement signed by the Parties to this Agreement.

11.2 Compliance with Laws


Each Party shall at all times and at its own expense:

(a) strictly comply with all applicable laws, rules, regulations and governmental orders, now or hereafter
in effect, relating to the performance of its obligations under this Agreement;
(b) pay all fees and other charges required by such laws, rules, regulations and orders;
and
(c) Maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications
from all applicable governmental departments and agencies to the extent necessary to perform its
obligations hereunder.

11.3 Headings

Article and Clause headings in this Agreement are Included for convenience only and shall not be used
in constructing or interpreting this Agreement.

11.4 Notices

All notices, requests for approval and other communications relating to this Agreement shall be given
in writing and transmitted by registered post, or by prepaid registered mail or by courier service or by
facsimile transmission to the addresses of the Parties stated in the preamble to this Agreement or by
hand delivery against acknowledgement.

11.5 Survival of Obligations

The Consultant hereby undertakes and covenants that the clauses dealing with conflicting medical
practice, Arbitration, Assistance in litigation, inventions, Indemnity and intellectual property and such
other clauses by necessary implication intend to survive, shall survive the termination of this
Agreement. Notwithstanding the expiry or termination of this Agreement all rights and liabilities
accrued prior to the termination, expiry or the extended term as provided in clause 7.2 of the
Agreement shall be enforceable by the Party in whose favour such rights have been accrued. The
Consultant hereby undertakes and covenants to execute any proper oath or verify any proper
document as may be necessary to carry out these undertaking.

11.6 Severability

The Consultant hereby agrees that the restrictions contained in this Agreement (on which he/she has
had the opportunity to take independent advice) are reasonable in all the circumstances. The
Consultant further agrees that, if any restrictions, by themselves, or taken together, shall be adjudged
to go beyond what is reasonable in all the circumstances for the protection of the legitimate interests
of the COMPANY/Hospital, but would be adjudged reasonable if part or parts of the wording thereof
were deleted, amended or qualified or the periods were reduced, the relevant restriction or
restrictions shall apply with such modification as may be necessary to make it or them valid and
effective.
11.7 Equitable Relief

Without prejudice to the rights and remedies otherwise available to COMPANY/Hospital, the
Consultant hereby agrees that COMPANY/Hospital shall be entitled to equitable relief by way of
specific performance, injunction or otherwise if the Consultant breaches or threatens to breach any of
the provisions of this Agreement. The Consultant further undertakes and covenants that no failure or
delay by COMPANY/Hospital in exercising any right, power or privilege hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise
thereof or the exercise of any right, power or privilege hereunder, and further undertakes and
covenants to indemnify COMPANY/Hospital for any costs and expenses, including legal expenses,
which COMPANY/Hospital may incur in connection with the enforcement of this Agreement.

11.8 Successors in Title

The Consultant hereby undertakes and covenants that, these undertakings shall be binding upon
his/her successors and assigns and shall inure to the benefit of, and be enforceable by COMPANY'S
successors and assigns.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date
written below by their duly authorized representatives.

FOR Quality Care India Limited Witness:

Signature: Signature:

Name: Name:

Title: HCOO Date:

Date: Address:

Consultant Witness:

Signature: Signature

Name: Name:

Date: Date :

Address: Address:
Annexure 1

Services agreed to be rendered by the Consultant: Dr. ____________________

The Consultant has agreed to render the Services mentioned herein below in _____________ Department
(insert specialty) Specialty and to the extent privileged as per privileging form, as a Part Time Consultant

Health plus Hospital & Reaserch Center, Kamaldih,Chas,Bokaro Jharkhand, 827013 (please insert the full
name of the hospital along with the address), is the Primary Hospital for. Dr. __________________ (insert full
name of the Consultant)

(will be added only if it is an associate hospital)


Associate Hospitals: All other Hospitals and Facilities as defined under "Definitions"
A separate agreement shall be signed for services at associate hospitals

[Link]. Name of the Medical Practitioner Extent of Service/Type of Association Designation

1 Dr. ________________ Part time Consultant Consultant

In consideration of the Service Fee received under this Agreement, the Consultant shall provide the following
Services:

1. Out Patient, In-patient, Emergency and ROTA services in Consultant's specialty more clearly defined
in the Privileges

2. Consultant upon request by the Medical Superintendent of the Hospital or any other person
authorized by COMPANY:

a. Shall render an expert opinion or peer reviews on any subject matter within the specialty of his/her
proficiency.
b. Conduct audits of medical treatment, protocols adherence at Primary and or Associate Hospitals for
accreditation and quality implementation programs.

c. Shall take part in all community medical care activities undertaken by the Hospital /COMPANY.
d. Shall impart necessary training to the junior medical and paramedical staff at the Primary or Associate
Hospital as may be advised by COMPANY from time to time.

e. In general provide such other services which are incidental or ancillary to the performance of the
Services effectively, more fully described in the Medical Bylaws, Manual of Medical Services for
Doctors and Manual of Administration for Doctors, all forms and formats thus far released and to be
released on an ongoing basis. These shall form a part of the agreement and can be viewed by the
consultant in his HRIS, which is accessible to him through his ID and password

f. Shall fulfill all the Medical Obligations of the hospital more fully listed in the above cited Manuals

Annexure 2

The Service Fee mentioned below is an all-inclusive fee payable to the Consultant for rendering the Services
detalled in Annexure 1 and also towards Consultant's commitment/obligation under Clause 3.1 under this
Agreement, this amount shall include all taxes, including Service Tax, if any.

All payments to the Consultant under this Agreement are subjected to deduction of applicable taxes at Source.

Pursuant to the undertaking at clause 2.5, the Consultant hereby agrees and ensures that, while rendering the
Services to COMPANY under this Agreement he/ she shall obtain and maintain adequate medical
malpractice/professional negligence insurance policy from a reputed insurer for a minimum sum of 1 CR to
meet the eventuality of any claims arising out of or in connection with all the Services provided by the
Consultant under this Agreement.

Remuneration

This shall vary according to individual consultant Remuneration sheet will be signed by the representative of
QCIL and the consultant after discussion and finalization

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