Common use of Operations of Affiliates Clause in Contracts

Operations of Affiliates. Executive agrees that he will refrain from (i) authorizing any Affiliate to perform or (ii) assisting in any manner any Affiliate in performing any activities that would be prohibited by the terms of this Agreement if they were performed by Executive. Notwithstanding anything to the contrary contained in this paragraph 7 (or in any other paragraph of this Agreement), Executive shall not be required by the terms of this Agreement to violate any fiduciary or contractual duty he owes as a director or officer of a corporation, as a partner of a partnership or as a trustee of a trust, which position he holds not in violation of this Agreement or the Employment Agreement.

Appears in 18 contracts

Samples: Noncompetition Agreement (Summit Properties Inc), Noncompetition Agreement (Summit Properties Inc), Master Agreement (RPS Realty Trust)

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Operations of Affiliates. In addition to and without in any way ------------------------ limiting any of the other provisions of this Agreement, Executive agrees that he will refrain from (i) authorizing any Affiliate to perform or (ii) assisting in any manner any Affiliate in performing any activities that would be prohibited by the terms of this Agreement if they were performed by Executive. Notwithstanding anything to the contrary contained in this paragraph 7 Section 8 (or in any other paragraph section of this Agreement), Executive shall not be required by the terms of this Agreement to violate any fiduciary or contractual duty he owes as a director or officer of a corporation, as a partner of a partnership or partnership, as a trustee of a trust, which position he holds not in violation or as a controlling person, manager or fiduciary of this Agreement any other person or the Employment Agreemententity.

Appears in 3 contracts

Samples: Noncompetition Agreement (Weeks Corp), Noncompetition Agreement (Weeks Corp), Noncompetition Agreement (Weeks Corp)

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