Common use of RELATIONSHIPS WITH RELATED PERSONS Clause in Contracts

RELATIONSHIPS WITH RELATED PERSONS. No Seller or any Related Person of any Seller or of the Company has, or since October 1, 1997 has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' businesses. No Seller or any Related Person of Sellers or of the Company is, or since October 1, 1997 has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "Competing Business") in any market presently served by the Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 of the Disclosure Letter, no Seller or any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Except with respect to Multiple Party MSAs, and with respect to administrative services and other services and benefits provided by Seller or and its other Affiliates to the Company, and except as set forth in Schedule 3.23, neither Seller nor any Related Person of any Seller or of the Company has, or since October 1July 10, 1997 2001, and to Seller's Knowledge on or before July 10, 2001, has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' 's businesses. No Neither Seller or nor any Related Person of Sellers Seller or of the Company isowns, or since October 1July 10, 1997 2001, and to Seller's Knowledge on or before July 10, 2001, has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "Competing Business") in any market presently served by the Company Company, except for ownership of less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 of the Disclosure LetterSchedule 3.23, no neither Seller or nor any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Except as set forth in Part 3.25 of the Disclosure Letter, neither the Seller or nor any Related Person of Seller (except any Seller or of the Company has, or since October 1, 1997 Acquired Company) has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the CompanyAcquired Companies' businesses. No Neither the Seller or nor any Related Person of Sellers or of the Company Seller (except any Acquired Company) is, or since October 1, 1997 has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market termsany Acquired Company, or (ii) engaged in competition with the any Acquired Company with respect to any line of the products or services of the such Acquired Company (a "Competing Business") in any market presently served by the Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter marketsuch Acquired Company. Except as set forth in Part 3.25 of the Disclosure Letter, no neither the Seller or nor any Related Person of Seller (except any Seller or of the Company Acquired Company) is a party to any Contract or understanding with, whether written or oral, or has any claim or right against, the any Acquired Company.

RELATIONSHIPS WITH RELATED PERSONS. No Neither Seller or nor any Related Person of any Seller or of the Company has, or since October 1, 1997 the first day of the next to last completed fiscal year of the Company has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' businesses's business. No Neither Seller or nor any Related Person of Sellers Seller or of the Company is, or since October 1, 1997 the first day of the next to last completed fiscal year of the Company has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "Competing Business") in any market presently served by the Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 3.21 of the Disclosure Letter, no neither Seller or nor any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No As of the Closing, neither the Seller or nor any Related Person of any Seller or of the Company has, or since October 1, 1997 has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' businesses's business, except that certain Commercial Lease Agreement dated as of November 1, 1997, by and between 2303 Xxxxxxx Associates, as Lessor, and the Company, as lessee, covering certain office facilities located at 0000 Xxxxxxx Avenue, Cincinnati, Ohio 45206 (the "Office Lease"). No Neither the Seller or nor any Related Person of Sellers or Seller or, to the Knowledge of Seller, of the Company is, or since October 1, 1997 has owned is the owner (of record or as a beneficial owner) an of any equity interest interest, or any other financial or profit interest in, a any Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than the Office Lease or business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company with respect to any line the sale of the products fly ash or related services of the Company (a "Competing Business") in any market presently served by the Company Company, except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter overthecounter market. Except as set forth in Part 3.25 of the Disclosure Letter, no neither the Seller or nor any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Except as set forth in Part 3.25 of the Disclosure Letter, neither Seller or nor any Related Person of any Seller or of the Company has, or since October January 1, 1997 2005, has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' businesses’s business. No Seller or any Related Person of Sellers Seller or of the Company is, or since October 1, 1997 has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company [other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms], or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "“Competing Business"”) in any market presently served by the Company except for less than one two percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 of the Disclosure Letter, no neither Seller or nor any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Seller Majority Shareholder or any Related Person of any Seller a Majority Shareholder or of the Company has, or since October January 1, 1997 1996, has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' 's businesses. No Seller Majority Shareholder or any Related Person of Sellers either Majority Shareholder or of the Company is, or since October January 1, 1997 1996, has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "Competing Business") in any market presently served by the Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 of the Shareholders Disclosure Letter, no Seller neither Majority Shareholder or any Related Person of any Seller either Majority Shareholder or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Seller or any Related Person of any Seller or of the Company has, or since October December 1, 1997 1996, has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible, including without limitation any Aircraft), used in or pertaining to the Company' businesses's businesses except as expressly set forth in Schedule 3.21. No Seller or any Related Person of Sellers Seller or of the Company is, or since October December 1, 1997 1996 has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company Company, other than business dealings or transactions conducted in the Ordinary Course of Business with the Company at substantially prevailing market prices and on substantially prevailing market termsterm, or (ii) engaged in competition with the Company with respect to any line of the products or services of the Company (a "Competing Business") in any market presently served by the Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 of the Disclosure LetterSchedule 3.21, no Seller or any Related Person of any Seller or of the Company is a party to any Contract with, or has any claim or right against, the Company.

RELATIONSHIPS WITH RELATED PERSONS. No Seller Except as set forth in Part 5.24 of the Buyer Disclosure Letter, no Buyer or any Related Person of any Seller or of the Company Buyer has, or since October January 1, 1997 1996, has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to the Company' Buyer's businesses. No Seller Buyer or any Related Person of Sellers or of the Company Buyer is, or since October January 1, 1997 1996, has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with the Company Buyer other than business dealings or transactions conducted in the Ordinary Course of Business with the Company Buyer at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with the Company Buyer with respect to any line of the products or services of the Company Buyer (a "Competing Business") in any market presently served by the Company Buyer except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Except as set forth in Part 3.25 5.24 of the Buyer Disclosure Letter, no Seller neither Buyer or any Related Person of any Seller or of the Company Buyer is a party to any Contract with, or has any claim or right against, the CompanyBuyer.