Common use of Other Activities; Business Opportunities Clause in Contracts

Other Activities; Business Opportunities. (a) Nothing contained in this Agreement shall prevent any Member, including the Managing Member, or any of its Affiliates from engaging in any other activities or businesses, regardless of whether those activities or businesses are similar to or competitive with the Business. None of the Members nor any of their Affiliates shall be obligated to account to the Company or to the other Member for any profits or income earned or derived from other such activities or businesses. [Except as otherwise provided in Section 7.08(b),] none of the Members nor any of their Affiliates shall be obligated to inform the Company or the other Member of any business opportunity of any type or description. (b) [Notwithstanding Section 7.08(a), if a Member [or any [controlled] Affiliate of a Member] is offered or discovers a business opportunity of the type and character that is [within the scope of/ consistent with] the Business (a "Business Opportunity"), such Member [or Affiliate] shall, prior to pursuing such Business Opportunity, offer to the Company the right to pursue such Business Opportunity for the benefit of the Company, regardless of whether such Member [or Affiliate] believes the Company would be able (financially or otherwise) or willing to pursue such Business Opportunity. If the Company, by unanimous consent of the Members, determines not to pursue such Business Opportunity within [NUMBER] days after its presentation to the Company, the presenting Member [or its Affiliate] shall be free to pursue such Business Opportunity as such Member [or Affiliate] shall determine in its sole discretion.]

Other Activities; Business Opportunities. (a) Nothing Except as provided in Section 7.15(b) and Section 10.02, nothing contained in this Agreement shall prevent any Member, including the Managing Member, Member or Manager or any of its their Affiliates from engaging in any other activities or businesses, regardless of whether those activities or businesses are similar to or competitive with the Business; provided that such Member or Manager or Affiliate does not engage in such activity or business as a result of or using Confidential Information. None of the Members nor or Managers or any of their Affiliates shall be obligated to account to the Company or to the other Member Members for any profits or income earned or derived from such other such activities or businesses. [Except as otherwise provided in Section 7.08(b),] none None of the Members nor or Managers or any of their Affiliates shall be obligated to inform the Company or the other any Member of any business opportunity of any type or description. (b) [Notwithstanding Section 7.08(a7.15(a), if a Member [or any [controlled] Affiliate of a Member] Manager is offered or discovers a business opportunity of the type and character that is [within the scope of/ consistent with] of the Business (a "“Business Opportunity"”), such Member [or Affiliate] Manager shall, prior to pursuing such Business Opportunity, offer to the Company the right to pursue such Business Opportunity for the benefit of the Company, regardless of whether such Member [or Affiliate] Manager believes the Company would be able (financially or otherwise) or willing to pursue such Business Opportunity. If the Company, by unanimous consent of Board has not determined that the Members, determines not to Company will pursue such Business Opportunity within [NUMBER] ten (10) days after its presentation to the Company, the presenting Member [or its Affiliate] shall Manager shall, subject to the provisions of Section 10.02, be free to pursue such Business Opportunity as such Member [or Affiliate] Manager shall determine in its sole discretion; provided that such Member or Manager has delivered written notice of its decision to pursue such Business Opportunity.]

Other Activities; Business Opportunities. (a) Nothing Except as set forth in Section 10.02, nothing contained in this Agreement shall prevent any Member, including the Managing Member, Member or any of its Affiliates from engaging in any other activities or businesses, regardless of whether those activities or businesses are similar to or competitive with the Business. None of the Members nor any of their Affiliates shall be obligated to account to the Company or to the other Member Members for any profits or income earned or derived from other such activities or businesses. [Except as otherwise provided in Section 7.08(b7.12(b),] , none of the Members nor any of their Affiliates shall be obligated to inform the Company or the other Member Members of any business opportunity of any type or description. (b) [Notwithstanding Section 7.08(a7.12(a), if a Member [Founder, Member, or any [controlled] controlled Affiliate of a Member] Member is offered or discovers a business opportunity of the type and character that is [within the scope of/ consistent with] of the Business Company’s line(s) of business (a "“Business Opportunity"”), such Member [Founder, Member, or Affiliate] Affiliate shall, prior to pursuing such Business Opportunity, offer to the Company the right to pursue such Business Opportunity for the benefit of the Company, regardless of whether such Member [Founder, Member, or Affiliate] Affiliate believes the Company would be able (financially or otherwise) or willing to pursue such Business Opportunity. If the Board (not including, for purposes of such vote, any Managers appointed by the Member presenting the Business Opportunity to the Company, by unanimous consent of the Members), determines not to pursue such Business Opportunity within [NUMBER] thirty (30) days after its presentation to the Company, the presenting Member [Founder, Member, or its Affiliate] Affiliate shall be free to pursue such Business Opportunity as such Member [Founder, Member, or Affiliate] Affiliate shall determine in its sole discretion.]

Other Activities; Business Opportunities. (a) Nothing contained in this Agreement shall prevent any Member, including the Managing Member, or any of its Affiliates from engaging in any other activities or businesses, regardless of whether those activities or businesses are similar to or competitive with the Business. None of the Members nor any of their Affiliates shall be obligated to account to the Company or to the other Member for any profits or income earned or derived from other such activities or businesses. [Except as otherwise provided in Section 7.08(b),] none of the Members nor any of their Affiliates shall be obligated to inform the Company or the other Member of any business opportunity of any type or description. (b) [Notwithstanding Section 7.08(a), if a Member [or any [controlled] Affiliate of a Member] is offered or discovers a business opportunity of the type and character that is [within the scope of/ of/consistent with] the Business (a "Business Opportunity"), such Member [or Affiliate] shall, prior to pursuing such Business Opportunity, offer to the Company the right to pursue such Business Opportunity for the benefit of the Company, regardless of whether such Member [or Affiliate] believes the Company would be able (financially or otherwise) or willing to pursue such Business Opportunity. If the Company, by unanimous consent of the Members, determines not to pursue such Business Opportunity within __________[NUMBER] days after its presentation to the Company, the presenting Member [or its Affiliate] shall be free to pursue such Business Opportunity as such Member [or Affiliate] shall determine in its sole discretion.]