Obligation of Best Efforts regarding Other Opportunities Sample Clauses

Obligation of Best Efforts regarding Other Opportunities. (i) an Opportunity that does not coincide with the objectives described in Exhibit 9.1(A), or in countries where Braskem is not active or shall act relevantly and diligently, shall be offered under the best effort regime to Braskem. (ii) In the event above, the Identifying Party shall inform the Chief Executive Officer of Braskem about it, as soon as legally or contractually possible, providing such data and information as shall be required to prepare an analysis of the possibility of assuming the Opportunity (the request of additional information being always permitted), which allows Braskem to take the proper decision; and provided such data may be transmitted to Braskem without violating any Laws, Regulations or Contracts. (iii) Should Braskem understand that the Opportunity is of its interest, Braskem shall, within at most thirty (30) days as from the submission of the Opportunity to the Chief Executive Officer of Braskem, follow the procedures established in Clause 9.1 A(iii) above. (iv) Once such interest is confirmed, the Identifying Party shall exert its best efforts to obtain the consent of the controlling company or controlling group of the Opportunity in order to permit the replacement of the Identifying Party by Braskem. (v) After the consent mentioned in item (iv) above is obtained, Braskem shall be required to assume the Opportunity and to make the investments related thereto. (vi) On the other hand, should Braskem have no interest in assuming the Opportunity, Braskem shall, within thirty (30) days counted from the submission of the Opportunity to the Chief Executive Officer of Braskem, inform the Parties of its lack of interest to assume the Opportunity. In this case, such Identifying Party may take the Opportunity individually or jointly with another partner, without bearing any charges as a result of such fact. (vii) In any event, even though the consent mentioned above has not been obtained or Braskem has expressed its lack of interest in assuming the Opportunity, the Identifying Party: (a) may freely trade its Products under the off-take contract by the Identifying Party, including through distributors, agents or any purchasers ("Third-Party Sellers"), provided the Identifying Party includes in new agreements with such Third-Party Sellers the obligation (which cannot be waived) of such Third-Party Sellers to not send the Products to countries in which Braskem produces or markets its Products, relevantly and diligently, for Braskem. (b) T...