Other Activities of Manager. Nothing herein shall prevent the Manager from engaging in other activities or businesses or from acting as the Manager to any other person or entity (including other real estate investment trusts) even though such person or entity has investment policies and objectives similar to those of the Company. The Manager shall be permitted to use information obtained in performing its services under this Agreement in any other activity or business, except as prohibited by law or by any confidentiality agreement with a third party. The Manager shall notify the Company in writing in the event that it does so act as a manager to another business. The Company acknowledges that the Manager seeks to manage real estate investment trusts and other entities and that the Manager shall be free from any obligation to present to the Company any particular investment opportunity that comes to the Manager. The Manager is not required to present the Company with opportunities to invest in properties that are primarily of a type that are the investment focus of another person or entity now or in the future managed by the Manager. In addition, nothing herein shall prevent any member or affiliate of the Manager from engaging in any other business or from rendering services of any kind to any other person or entity (including competitive business activities). The Company acknowledges and agrees that the Manager has certain interests that may be divergent from those of the Company. The parties agree that these relationships and interests shall not affect either party’s rights and obligations under this Agreement. Without limiting the foregoing provisions, the Manager agrees, upon the request of any Director, to disclose certain real estate investment information concerning the Manager or certain of its affiliates; provided, however, that such disclosure shall be required only if it does not constitute a breach of any fiduciary duty or obligation of the Manager and the Company shall be required to keep such information confidential. Members, officers, employees and agents of the Manager or of its affiliates may serve as Directors, officers, employees, agents, nominees or signatories of the Company. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company. Such persons shall receive no compensation from the Company for their services to the Company in any such capacities.
Other Activities of Manager. Nothing contained in this Agreement shall be construed so as to prohibit Manager from owning, operating, managing or investing in any real estate development. Additionally, Manager may engage in or possess an interest in other ventures of any nature and description independently or with others and Owner shall have no rights with respect thereto by virtue of this Agreement.
Other Activities of Manager. Notwithstanding any other provision of this Agreement, and subject to Section 8.1.5, the Manager may engage in other profit-seeking and business ventures of any kind, nature or description (including, without limitation, making and managing investments in securities for its own account or the account of others), independently or with others, and the pursuit of such ventures by the Manager shall not be deemed wrongful or improper. Neither the Company nor any Member shall have any rights or obligations by virtue of this Agreement or the relationship established hereby in or to any independent ventures of the Manager or the profits or losses derived therefrom.
Other Activities of Manager. Nothing herein shall prevent the Manager from engaging in other activities or businesses or from acting as the Manager to any other person or entity (including other real estate investment trusts) even though such person or entity has investment policies and objectives similar to those of the Company; provided, however, that the Manager agrees not to provide, without the consent of the Independent Trustees, business management services to any other business which is principally engaged in the business of owning properties which are majority leased or occupied (determined by rentable square footage, excepting common areas) to one or more Governmental Authorities (as defined below) or which are reasonably expected to be majority leased to one or more Governmental Authorities within twelve (12) months of such time (such lessees and occupants hereinafter referred to as “Government Tenants”). For purposes of this Agreement, “Governmental Authorities” means any nation or government, any state or other political subdivision thereof, any federal, state, local or foreign entity or organization exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any governmental authority, agency, department, board, commission or instrumentality of the United States, any state of the United States or any political subdivision thereof, and any tribunal. The Manager shall notify the Company in writing in the event that it does so act as a manager to another business. The Manager shall not present other businesses that it now or in the future manages with opportunities to invest in properties that are majority leased to Government Tenants unless the Independent Trustees have determined that the Company will not invest in the opportunity. The Company acknowledges that the Manager manages real estate investment trusts and other entities (including, as of the date of this Agreement, HRPT, Hospitality Properties Trust, Senior Housing Properties Trust, Five Star Quality Care, Inc. and TravelCenters of America LLC) and that the Manager is not required to present the Company with opportunities to invest in properties that are primarily of a type that are the investment focus of another person or entity now or in the future managed by the Manager. In addition, nothing herein shall prevent any shareholder or affiliate of the Manager from engaging in any other business or from rendering services of any kind to any other pe...
Other Activities of Manager. The Managed Entity acknowledges that Manager has management and administrative responsibilities and contracts with other persons, companies and other entities. The Managed Entity therefore agrees that Manager may provide management and administrative services to such other persons and entities which are the same or different from the services provided to the Managed Entity by Manager even though such other persons or entities may be the same or similar to the Managed Entity.
Other Activities of Manager. Nothing in this Agreement shall limit or --------------------------- restrict the right of Manager to engage in any other business or to devote its time and attention to the management or other aspects of any other business or to render services of any kind. The Company acknowledges that Manager and its Affiliates own, manage or operate cable television systems throughout the United States. Manager will devote such of its attention, time, efforts and resources to the Business as shall be reasonably necessary for it to carry out its duties hereunder.
Other Activities of Manager. No provision in this Agreement shall prevent the Manager from engaging in other activities or businesses or from acting as advisor to any other person or entity even though such person or entity has investment policies and objectives similar to those of the Company and no provision shall prevent the Manager from receiving compensation for rendering advice to other investors and managing other investments, including investors and investments advised, sponsored, or organized by the Manager, and including joint ventures and partnerships in which the Company is a co-venturer or partner. No provision in this Agreement shall limit or restrict the right of any director, officer, employee, or shareholder of the Manager or an affiliate of the Manager to engage in any other business or to render services of any kind to any other corporation, partnership, individual, or other entity. The Manager shall not, however, disclose any confidential information of the Company to other persons or entities, unless such information is then public knowledge through no fault of the Manager, is properly provided to the Manager without restriction by a third party or is already in the Manager’s possession at the time of receipt by the Company. The Manager shall notify the Company of its engaging in other activities or businesses which may result in the Manager’s having a conflict of interest with its obligations hereunder.
Other Activities of Manager. Nothing herein shall prevent Manager or its Affiliates from engaging in other businesses or, in its sole discretion, from acting in a similar capacity as an Manager for any other Person even though such Person may engage in business activities similar to those of Issuer, Trustee or Indenture Trustee.
Other Activities of Manager. Notwithstanding anything else to the contrary in this Agreement, Manager may be, or may become in the future, engaged or associated in some other manner with other businesses and activities that might be similar to or competitive with the business of the Practice. Manager may engage in all such other businesses and activities, and any other business of any nature or description, independently or with others. The Practice shall not have any rights by virtue of this Agreement to the income or profits derived from such independent businesses or activities.
Other Activities of Manager. (a) Nothing in this Agreement shall prevent the Manager or any of its Affiliates from engaging in other business activities related to real estate, mortgage investments or other investments whether similar or dissimilar to those made by the Company or from acting as manager to any other person or entity having investment policies whether similar or dissimilar to those of the Company. However, before the Manager, the officers and directors of the Manager and all persons controlled by the Manager and its officers and directors may take advantage of an opportunity for their own account or present or recommend it to others (except as set forth in Section 16(b)), they are obligated to present an investment opportunity to the Company if (i) such opportunity is compatible with the Company's investment objectives and policies, (ii) such opportunity is of a character which could be taken by the Company, and (iii) the Company has the financial resources to take advantage of such opportunity.
(i) To the extent that an Affiliated Program with similar investment objectives to those of the Company have funds available for investment at the same time as the Company, and/or an investment is potentially suitable for more than one such Entity the Manager and its Affiliates shall review the investment portfolio of each such Entity and shall make the decision as to which such Entity will acquire the investment on the basis of such factors as it deems reasonable in light of each Entity's then current situation, including, without limitation, the effect of the acquisition on each such Entity's portfolio and objectives, the amount of funds available and the then length of time such funds have been available for investment, and the cash requirements of each such Entity. If funds should be available to two or more Affiliated Programs to purchase a given investment and the other factors enumerated above have been evaluated and deemed equally applicable to each Entity, then the Manager or its Affiliates will acquire such investment for the Affiliated Programs on a basis of rotation with the initial order of priority determined by the dates of formation of the Entities.
(ii) Notwithstanding the foregoing, nothing herein shall be construed to require CentRe Mortgage Capital, L.L.C. which is an Affiliate of the Manager, to present any investment opportunity to the Company.
