No Related Parties or Common Control; Certain Permitted Participations. Except as contemplated by this Agreement or any agreement between the Council and any Affiliate with respect to the provision of services described hereunder, K12 will not have any role or relationship with the Council that, in effect, substantially limits the Council’s ability to exercise its rights, including termination rights, under this Agreement. None of the Council’s voting power shall be vested in K12 or its directors, trustees, members, managers, officers, Shareholders, or employees, and none of the voting power of K12’s Council of directors or Shareholders of K12 shall be vested in the Council’s or its Charter Authorizer’s directors, trustees, members, managers, officers, shareholders, or employees. The Council agrees to take such action as is necessary to permit employees or agents of K12 to have a nonvoting presence at the Council meetings, including executive sessions (other than those intended to review or evaluate K12’s performance, this Agreement or legal matters potentially adverse to K12), during the Term of this Agreement, provided that, the inclusion of employees or agents of K12 in executive sessions will not be inconsistent with Applicable Law.
No Related Parties or Common Control; Certain Permitted Participations. Except as contemplated by this Agreement or any Agreement between Customer and any Affiliate with respect to the provision of Products and Services described hereunder, K12 will not have any role or relationship with Customer that, in effect, substantially limits Customer’s ability to exercise its rights, including termination rights, under this Agreement.
No Related Parties or Common Control; Certain Permitted Participations. Except as contemplated by this Agreement or any agreement between the School and any Affiliate with respect to the provision of services described hereunder, K12 will not have any role or relationship with the Board that, in effect, substantially limits the Board’s ability to exercise its rights, including termination rights, under this Agreement. None of the Board’s voting power shall be vested in K12 or its directors, trustees, members, managers, officers, Shareholders, or employees, and none of the voting power of K12’s board of directors or Shareholders of K12 shall be vested in the School’s or its Sponsor’s directors, trustees, members, managers, officers, shareholders, or employees. Each party agrees that it will not take any action that would cause the School and K12 to be members of the same control group, as defined in Section 1.150 et seq. of the regulations under the IRC, or related persons, as defined in Section 144(a)(3) of the IRC. The School agrees to take such action as is necessary to permit employees or agents of K12 to have a nonvoting presence at the Board meetings, including executive sessions, during the Term of this Agreement, provided that, the inclusion of employees or agents of K12 in executive sessions will be at Board’s discretion and is not inconsistent with Applicable Law.
