Common use of Permissible Activities Clause in Contracts

Permissible Activities. Nothing herein shall in any way preclude DCCP or its affiliates from engaging in any business activities or from performing services for its or their own account or for the account of others. Except as DCCP may otherwise agree in writing on or after the date hereof: (i) each member of DCCP shall have the right to, and shall have no duty (contractual or otherwise) not to, directly or indirectly: (A) engage in the same or similar business activities or lines of business as the Company or its affiliates and (B) do business with any competitor, client, or customer of the Company or its affiliates; (ii) no member of DCCP shall be liable to the Company or its affiliates for breach of any duty (contractual or otherwise) by reason of any such activities or of such person’s participation therein; and (iii) in the event that any member of DCCP acquires knowledge of a potential transaction or matter that may be a corporate opportunity for both (x) the Company or any of its affiliates, on the one hand, and (y) DCCP, on the other hand, or any other person, no member of DCCP shall have any duty (contractual or otherwise) to communicate or present such corporate opportunity to the Company or its affiliates and, notwithstanding any provision of this Agreement to the contrary, shall not be liable to the Company or any of its affiliates for breach of any duty (contractual or otherwise) by reasons of the fact that any member of DCCP directly or indirectly pursues or acquires such opportunity for itself, directs such opportunity to another person, or does not present such opportunity to the Company or any of its affiliates.

Permissible Activities. Nothing herein shall in any way preclude DCCP or The parties hereto acknowledge that OEP and its affiliates from engaging are engaged in any the business activities or from performing services for its or their own account or for the account of othersmaking investments. Except as DCCP OEP may otherwise agree in writing on or after the date hereof: (i) each member of DCCP OEP shall have the right to, and shall have no duty (contractual or otherwise) not to, directly or indirectly: (A) engage in the same or similar business activities or lines of business as the Company or any of its affiliates, including those competing with the Company or its affiliates and (B) do business with any competitor, client, client or customer of the Company or its affiliates; (ii) neither OEP nor any officer, director, employee, partner, affiliate or associated entity thereof shall be liable to the Company or any of its affiliates for breach of any duty (contractual or otherwise) solely by reason of having engaged in any such activities or of such person’s participation therein; and (iii) in the event that OEP acquires knowledge of a potential transaction or matter that may be a corporate opportunity for the Company or its affiliates, on the one hand, and OEP, on the other hand, or any other person, OEP shall have no member duty (contractual or otherwise) to communicate or present such corporate opportunity to the Company and, notwithstanding any provision of DCCP this Agreement to the contrary, shall not be liable to the Company or its affiliates for breach of any duty (contractual or otherwise) by reason of any such activities or of such person’s participation therein; and (iii) in the event that any member of DCCP acquires knowledge of a potential transaction or matter that may be a corporate opportunity for both (x) the Company or any of its affiliates, on the one hand, and (y) DCCP, on the other hand, or any other person, no member of DCCP shall have any duty (contractual or otherwise) to communicate or present such corporate opportunity to the Company or its affiliates and, notwithstanding any provision of this Agreement to the contrary, shall not be liable to the Company or any of its affiliates for breach of any duty (contractual or otherwise) by reasons of the fact that any member of DCCP OEP directly or indirectly pursues or acquires such opportunity for itself, directs such opportunity to another person, or does not present such opportunity to the Company or any of its affiliatesCompany.