NON-EXCLUSIVEDUTIES Clause Samples

NON-EXCLUSIVEDUTIES. Nothing in this Agreement shall preclude Consultant from acting as a consultant to or employee of any other business or entity, except that: (i) Consultant may not engage in any activity which materially detracts from the performance of Consultant's duties hereunder; and (ii) Consultant may not render any services to, or engage in any activity for, another entity in any capacity whatsoever (whether as an owner, employee, independent contractor or otherwise) which is in any way competitive with the business, as then being conducted, of Cadiz or any affiliate of Cadiz; provided, however, that Cadiz acknowledges that Consultant is providing and may continue to provide services on a priority basis to Kaiser Ventures LLC ("Kaiser") as Chairman ▇▇▇ ▇▇O of Kaiser. Cadiz acknowledges that it has been advised by Consultant of Consultant's obligations and duties to Kaiser and further acknowledges that at present and as currently contemplated Consultant's duties to Kaiser do not interfere with Consultant's obligations to Cadiz as contemplated by this Agreement. Notwithstanding the foregoing, Cadiz and Consultant agree in the event that in the judgment of either Cadiz or Consultant the provision of Consultant's duties to Kaiser interfere with Consultant's obligations to Cadiz under this Agreement, then Cadiz and Consultant shall negotiate in good faith adjustments to this Agreement as necessary to preserve, to the extent possible, the intent and purpose of this Agreement.