(b) If to AmSurg:
One Burton Hills Boulevard
Nashville, Tennessee 37215
Attention: Ken P. McDonald
with a copy to:
Byron R. Trauger
Doramus, Trauger & Ney
222 Fourth Avenue North
Nashville, Tennessee 37219
5.5 Captions. All section captions herein are for convenience of
reference only, do not constitute part of this Agreement and shall not be
deemed to limit or otherwise affect any of the provisions hereof.
5.6 Assignment. This Agreement and all the provisions hereof
shall be binding upon and inure to the benefit of the parties and their
respective successors and permitted assigns, but neither this Agreement nor any
of the rights, interests or obligations hereunder shall be assigned by either
party without the prior written consent of the other party and any such
assignment of obligation shall not relieve the assigning party from its
responsibility hereunder. Except as provided in Section 4.3 or otherwise
expressly provided herein, nothing contained in this Agreement or the
agreements referred to herein is intended to confer on any person or entity
other than the parties hereto and their respective successors and permitted
assigns any benefit, rights or remedies under or by reason of this Agreement
and such other agreements.
5.7 Further Assurances. AHC and AmSurg will do such additional
things as are necessary or proper to carry out and effectuate the intent of
this Agreement or any part hereof or the transactions contemplated hereby.
5.8 Dispute Resolution.
(a) Submission of Disputes to Arbitration. Any claims,
demands, disputes, differences, controversies, and/or misunderstandings arising
under, out of, or in connection with, or in relation to this Agreement
(collectively, a "Dispute"), shall be settled by submission of such Dispute
(if not theretofore resolved by the parties hereto) within 45 days of assertion
to arbitration in accordance with the provisions of this Section 5.8 and the
Commercial Arbitration Rules of the American Arbitration Association.