Common use of Individual Conduct Clause in Contracts

Individual Conduct. If any individual(s) who Controls an entity that is subject to this Section 1.8 or any entity that is directly or indirectly Controlled by such individual(s) takes an action, including (without limitation) material steps toward doing so, of the kind described in Section 1.8(d)(ii) above, that would be prohibited under this Section, if said individual were an entity, then the party that is not (if such individual(s) were an entity) Affiliated with such individual may [*************] the [*************] of this Section 1.8 on notice to the other party. In addition, the conduct of such an individual, if he or she, if an entity, would be that of an Affiliate of a Founding Partner, shall have the same additional consequences under Sections 1.8(d) and Article 16 of this Agreement as if that Founding Partner were a Founding Partner in Competition.

Individual Conduct. If any individual(s) who Controls an entity that is subject to this Section 1.8 or any entity that is directly or indirectly Controlled by such individual(s) takes an action, including (without limitation) material steps toward doing so, of the kind described in Section 1.8(d)(ii) above, that would be prohibited under this Section, if said individual were an entity, then the party that is not (if such individual(s) were an entity) Affiliated with such individual may [*************] the [*************] of this Section 1.8 on notice to the other party. In addition, the conduct of such an individual, if he or she, if an entity, would be that of an Affiliate of a Founding Partner, shall have the same additional consequences under Sections 1.8(d) and Article 16 of this Agreement as if that Founding Partner were a Founding Partner in Competition.

Individual Conduct. If any individual(s) who Controls an entity that is subject to this Section 1.8 1.7 or any entity that is directly or indirectly Controlled by such individual(s) takes an action, including (without limitation) material steps toward doing so, of the kind described in Section 1.8(d)(ii1.7(d)(ii) above, that would be prohibited under this Section, if said individual were an entity, then the party that is not (if such individual(s) were an entity) Affiliated with such individual may [*************] the [*************] of this Section 1.8 1.7 on notice to the other party. In addition, the conduct of such an individual, if he or she, if an entity, would be that of an Affiliate of a Founding [***] Filed separately with the Commission pursuant to a request for confidential treatment. Partner, shall have the same additional consequences under Sections 1.8(d1.7(d) and Article 16 of this Agreement as if that Founding Partner were a Founding Partner in Competition.