Manager’s Obligations, Duties and Powers Exclusive. The Company agrees that during the term of this Agreement, the obligations, duties and powers imposed on and granted to the Manager under Article III and this Article IV are to be performed or held exclusively by the Manager, subject to Section 4.2 hereof, and the Company shall not, either directly or indirectly, through its employees, Board of Directors or any other Person, as the case may be, perfo1m any of the Services except in circumstances where it is necessary to do so to comply with applicable law or as otherwise agreed by the Manager.
Manager’s Obligations, Duties and Powers Exclusive. Subject to the provisions of Article IX hereof, the Company agrees that during the term of this Agreement, the obligations, duties and powers imposed on and granted to the Manager under Article III and this Article IV are to be performed or held exclusively by the Manager or its delegates and the Company shall not, through the exercise of the powers of their employees, perform any of the Services except in circumstances where it is necessary to do so to comply with applicable law, including law applicable to the Board of Directors’ exercise of its fiduciary duties, or as otherwise agreed to or delegated, in accordance with Section 4.2 hereof, by the Manager in writing.
