Other Opportunities. Each of the Parties shall have the free and unrestricted right independently to engage in and receive the full benefits of any and all business endeavours of any sort whatsoever whether or not competitive with the endeavours contemplated herein without consulting the other Party or inviting or allowing the other Party to participate therein. No Party shall be under any fiduciary or other duty to any other Party which shall prevent it from engaging in or enjoying the benefits of competing endeavours within the general scope of endeavours contemplated by this Agreement. The legal doctrine of "corporate opportunity" sometimes applied to persons engaged in a joint venture or having fiduciary status shall not apply in the case of a Party.
Other Opportunities. Employees may apply for support from the Teaching Enhancement Fund, Ideas Incubator Program, and Online Learning/Distance Course Development Grants.
Other Opportunities. The Parties, within ninety (90) days after the Effective Date, and with no obligation as to outcome, shall meet to discuss other potential opportunities on which they may collaborate.
Other Opportunities. Coach shall not, under any circumstances, interview for, negotiate for, or accept employment as a coach at any other institution of higher education or with any professional sports team, requiring performance of duties prior to the expiration of this Agreement, without the prior approval of the Athletics Director. Such approval shall not unreasonably be withheld.
Other Opportunities. The parties agree that should another athletic director opportunity be presented to the Employee or should the Employee be interested in another position as an athletic director at any institution of higher education which is a member of the NCAA or the NAIA, or for any team participating in any professional league or conference in the United States or elsewhere, requiring the performance of duties prior to the expiration of the Term of this Agreement or any extension hereof, the Employee shall notify in writing the President of such opportunity or interest. The Employee agrees not to seek, discuss, negotiate for or accept employment requiring performance of duties prior to the termination date of this Agreement or any extension thereof, without first obtaining written consent from the President, which shall not be unreasonable withheld.
Other Opportunities. Except as expressly provided under the Development Agreement, the Company shall have the right to pursue all ventures, activities and opportunities relating to the expansion of its existing Projects at existing sites and all new projects developed on leasehold or fee interests owned by the Company or any of the Subsidiaries, other than with respect to the Zinc Recovery Project and the other mineral recovery and processing rights or projects at the Imperial Valley Projects or at other locations. Except for the rights provided to the Company in the preceding sentence, no Member shall be restricted from independently pursuing any competing or other ventures, activities or opportunities in the independent power production business or any other business. The Board shall evaluate from time to time the feasibility of the Project Subsidiaries that own various Projects becoming "exempt wholesale generators" ("EWG") as defined in PUHCA. In the event that the Board determines that such an event is beneficial and in the best interest of the Company with respect to any or all of the Projects, without violating the terms of any material contracts of the Company or any of the Project Subsidiaries, the Company shall apply to FERC for EWG status for the applicable Project Subsidiaries.
Other Opportunities. Except as provided in this Agreement, no ------------------- Venturer need disclose to any other Venturer or the Venture any other business venture in which it or its Affiliates may have an interest or any other business opportunity presented to it, even if such opportunity is of a character which, if presented to the Venture, could be taken by the Venture, and each Venturer and its Affiliates shall have the right to take for its own account or to recommend to others any such particular investment opportunity or business venture.
Other Opportunities. Subject to compliance with the other provisions of this Article 13 and their other commitments under this Agreement and the Ancillary Agreements:
(a) any Director or Member or its Affiliate (other than the Company) may conduct any business or activity whatsoever outside of the Company without any accountability to the Company or any other Member (and all revenue and expenses attributable to any such business or activity shall be for the sole account of the Director or Member or its Affiliate (other than the Company) performing such business and activity) regardless of whether (i) such outside business or activity of such Director or Member or such Affiliate competes with the business of the Company, (ii) such outside business or activity by such Director or Member or such Affiliate is or is not in the best interests of the Company or the other Members (unless such business or activity is performed on behalf of the Company), or (iii) such Director or Member or such Affiliate became aware of such outside business or activity in her or his role with the Company or as a Member (including through its appointed Directors), as applicable, and this Agreement shall not give the Company, any Member or other Person any interest in, or right to, any such outside business or activity or any proceeds, income or profit thereof or therefrom.
(b) the Company and the Members hereby acknowledge that the conduct (or the omission of conduct) of any business or activity outside of the Company shall not (i) constitute a breach of this Agreement; (ii) constitute a breach of any fiduciary or other duty owed to the Company or any Member (and to the extent any such duty exists at law or in equity it is hereby expressly waived in perpetuity); or (iii) otherwise give rise to any liability to the Company or any Member; and
(c) no Director or Member shall be obligated hereunder to offer any business opportunity to the Company or any other Member or be restricted from pursuing any business opportunity offered to the Company.
Other Opportunities. Each of the Parties shall have the free and unrestricted right independently to engage in and receive the full benefits of any and all business endeavours of any sort whatsoever whether or not competitive with the endeavours contemplated herein without consulting the other Party or inviting or allowing the other Party to participate therein. No Party shall be under any fiduciary or other duty to the other Party which shall prevent it from engaging in or enjoying the benefits of competing endeavours within the general scope of endeavours contemplated by this Agreement. The legal doctrine of "corporate opportunity" sometimes applied to persons engaged in a joint venture or having fiduciary status shall not apply in the case of either Party. Each Party hereby waives its rights to partition of the Property and agrees that it will not seek or be entitled to partition of the Property, whether by way of physical partition, judicial sale or otherwise.
Other Opportunities. (a) The Parties expressly acknowledge and agree that to the fullest extent permitted by applicable Law: (i) each of the Holders (including (A) their respective Affiliates, (B) any portfolio company in which they or any of their respective investment fund Affiliates have made a debt or equity investment (and vice versa) or (C) any of their respective limited partners, non-managing members or other similar direct or indirect investors) and the Joint Director, the Seller Directors and the Sponsor Directors has the right to, and shall have no duty (fiduciary, contractual or otherwise) not to, directly or indirectly engage in and possess interests in other business ventures of every type and description, including those engaged in the same or similar business activities or lines of business as PubCo or any of its subsidiaries or deemed to be competing with PubCo or any of its subsidiaries, on its own account, or in partnership with, or as an employee, officer, director or shareholder of any other Person, with no obligation to offer to PubCo or any of its subsidiaries, or any other Holder the right to participate therein; (ii) each of the Holders (including (A) their respective Affiliates, (B) any portfolio company in which they or any of their respective investment fund Affiliates have made a debt or equity investment (and vice versa) or (C) any of their respective limited partners, non-managing members or other similar direct or indirect investors) and the Joint Director and the Seller Directors and the Sponsor Directors may invest in, or provide services to, any Person that directly or indirectly competes with PubCo or any of its subsidiaries; and (iii) in the event that any of the Holders (including (A) their respective Affiliates, (B) any portfolio company in which they or any of their respective investment fund Affiliates have made a debt or equity investment (and vice versa) or (C) any of their respective limited partners, non-managing members or other similar direct or indirect investors) or any Joint Director, Seller Director or Sponsor Director, respectively, acquires knowledge of a potential transaction or matter that may be a corporate or other business opportunity for PubCo or any of its subsidiaries, such Person shall have no duty (fiduciary, contractual or otherwise) to communicate or present such corporate opportunity to PubCo or any of its subsidiaries or any other Holder, as the case may be, and, notwithstanding any provision of this Investor R...
