Common use of Independent Non-Competitive Activities Clause in Contracts

Independent Non-Competitive Activities. Neither this Agreement nor any activity under this Agreement shall prevent a Unitholder, Member, or Director or any of their Affiliates, acting on their own behalf, from engaging in whatever activities they choose, unless the activities are competitive with the Company or the Company’s Affiliates as determined by the Board. Activities, other than activities that are competitive with the Company or the Company’s Affiliates, may be undertaken by a Unitholder, Member, or Director without having or incurring any obligation to: (1) offer any interest in the activities to the Company or any other Unitholder or Member; or (2) require the Unitholder, Member, or Director undertaking the activity to allow the Company, the Company’s Affiliates, or other Unitholders, Members, Directors, or their Affiliates to participate in any of those activities. As a material part of the consideration for becoming a Unitholder, Member, or Director, each Unitholder, Member, or Director shall not have any right or claim of participation in another Unitholder’s, Member’s or Director’s activities.

Independent Non-Competitive Activities. Neither this Agreement nor any activity under this Agreement shall prevent a Unitholder, Member, or Director Manager or any of their Affiliates, acting on their own behalf, from engaging in whatever activities they choose, unless the activities are competitive with the Company or the Company’s Affiliates as determined by the Board. Activities, other than activities that are competitive with the Company Company, or the Company’s Affiliates, may be undertaken by a Unitholder, Member, or Director Manager without having or incurring any obligation to: (1) offer any interest in the activities to the Company or any other Unitholder or Member; or (2) require the Unitholder, Member, or Director Manager undertaking the activity to allow the Company, the Company’s Affiliates, or other Unitholders, Members, DirectorsManagers, or their Affiliates to participate in any of those activities. As a material part of the consideration for becoming a Unitholder, Member, or DirectorManager, each Unitholder, Member, or Director Manager shall not have any right or claim of participation in another Unitholder’s, Member’s or DirectorManager’s activities.

Independent Non-Competitive Activities. Neither this Agreement nor any activity under this Agreement shall prevent a Unitholder, Member, or Director or any of their Affiliates, acting on their own behalf, from engaging in whatever activities they choose, unless the activities are competitive with the Company or the Company’s Affiliates as determined by the Board. Activities, other than activities that are competitive with the Company or the Company’s Affiliates, may be undertaken by a Unitholder, Member, or Director without having or incurring any obligation to: (1) offer any interest in the activities to the Company or any other Unitholder or Member; or (2) require the Unitholder, Member, or Director undertaking the activity to allow the Company, the Company’s Affiliates, or other Unitholders, Members, Directors, or their Affiliates to participate in any of those activities. As a material part of the consideration for becoming a Unitholder, Member, or Director, each Unitholder, Member, or Director shall not have any right or claim of participation in another Unitholder’s, Member’s or Director’s activities.. 6 U.S. PREMIUM BEEF, LLC AMENDED AND RESTATED LLC AGREEMENT

Independent Non-Competitive Activities. Neither this Agreement nor any activity under this Agreement shall prevent a Unitholder, Member, or Director or any of their Affiliates, acting on their own behalf, from engaging in whatever activities they choose, unless the activities are competitive with the Company or the Company’s Affiliates as determined by the Board. Activities, other than activities that are competitive with the Company or the Company’s Affiliates, may be undertaken by a Unitholder, Member, or Director without having or incurring any obligation to: (1) offer any interest in the activities to the Company or any other Unitholder or Member; or (2) require the Unitholder, Member, or Director undertaking the activity to allow the Company, the Company’s Affiliates, or other Unitholders, Members, Directors, or their Affiliates to participate in any of those activities. As a material part of the consideration for becoming a Unitholder, Member, or Director, each Unitholder, Member, or Director shall not have any right or claim of participation in another Unitholder’s, Member’s or Director’s activities.. U.S. Premium Beef, LLC AMENDED AND RESTATED LLC AGREEMENT