Common use of Resolution of Conflicts of Interest Clause in Contracts

Resolution of Conflicts of Interest. (a) Unless otherwise expressly provided herein, (i) whenever a conflict of interest exists or arises between the General Partner or any of its Affiliates, on the one hand, and the Partnership, or a Limited Partner on the other hand, or (ii) whenever this Agreement or any other agreement contemplated herein or therein provides that the General Partner shall act in a manner which is, or provides terms which are, fair and reasonable to the Partnership, or any Limited Partner, the General Partner shall resolve such conflict of interest, taking such action or provide such terms, considering in each case the relative interest of each party (including its own interest) to such conflict, agreement, transaction or situation and the benefits and burdens relating to such interests, any customary or accepted industry practices, and any applicable generally accepted accounting practices or principles. In the absence of bad faith by the General Partner, the resolution, action or terms so made, taken or provided by the General Partner shall not constitute a breach of this Agreement or any other agreement contemplated herein or of any duty or obligation of the General Partner at law or in equity or otherwise.

Appears in 4 contracts

Samples: Agreement (Environtech Inc.), Environtech Inc., Environtech Inc.

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Resolution of Conflicts of Interest. (a) Unless otherwise expressly provided herein, (i) whenever a conflict of interest exists or arises between the General Partner or any of its Affiliates, on the one hand, and the Partnership, Partnership or a Limited Partner Partner, on the other handother, or (ii) whenever this Agreement or any other agreement contemplated herein or therein provides that the General Partner shall act in a manner which is, or provides terms which are, fair and reasonable to the Partnershippartnership, or any Limited Partner, the General Partner shall resolve such conflict of interest, taking such action or provide such terms, considering in each case the relative interest of each party (including its own interest) to such conflict, agreement, transaction or situation and the benefits and burdens relating to such interests, any customary or accepted industry practices, and any applicable generally accepted accounting practices or principles. In the absence of bad faith by the General Partner, the resolution, action or terms so made, taken or provided by the General Partner shall not constitute a breach of this Agreement or any other agreement contemplated herein or of any duty or obligation of the General Partner at law or in equity or otherwise.

Appears in 1 contract

Samples: O Ray Holdings Inc

Resolution of Conflicts of Interest. (a) Unless otherwise expressly provided herein, (i) whenever a conflict of interest exists or arises between the General Partner or any of its Affiliates, on the one hand, and the Partnership, or a Limited Partner on the other hand, or (ii) whenever this Agreement or any other agreement contemplated herein or therein provides that the General Partner shall act in a manner which is, or provides terms which are, fair and reasonable to the Partnership, or any Limited Partner, the me General Partner shall resolve such conflict of interest, taking such action or provide such terms, considering in each case the relative interest of each party (including its own interest) to such conflict, agreement, transaction or situation and the benefits and burdens relating to such interests, any customary or accepted industry practices, and any applicable generally accepted accounting practices or principles. In the absence of bad faith by the General Partner, the resolution, action or terms so made, taken or provided by the General Partner shall not constitute a breach of this Agreement or any other agreement contemplated herein or of any duty or obligation of the General Partner at law or in equity or otherwise.

Appears in 1 contract

Samples: Environtech Inc.

Resolution of Conflicts of Interest. (a) Unless otherwise expressly provided herein, (i) whenever a conflict of interest exists or arises between the a General Partner or any an Affiliate of its Affiliatesa General Partner, on the one hand, and the Partnership, Partnership or a Limited Partner Partner, on the other hand, or (ii) whenever this Agreement or any other agreement contemplated herein or therein provides that the a General Partner shall act in a manner which that is, or provides terms which that are, fair and reasonable to the Partnership, Partnership or any Limited Partner, the such General Partner shall resolve such conflict of interest, taking take such action or provide such terms, considering in each case the relative interest of each party (including its such General Partner’s own interest) to such conflict, agreement, transaction or situation and the benefits and burdens relating to such interests, any customary or accepted industry practices, and any applicable generally accepted accounting practices or principles. In the absence of bad faith by the any General Partner, the resolution, action or terms so made, taken or provided by the such General Partner shall not constitute a breach of this Agreement or any other agreement contemplated herein or of any duty or obligation of the such General Partner at law or law, in equity or otherwise.

Appears in 1 contract

Samples: Intertape Woven Products Services S.A. De C.V.

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Resolution of Conflicts of Interest. (a) Unless otherwise expressly provided herein, (i) whenever a conflict of interest exists or arises between the General a Partner or any of its Affiliates, on the one hand, and the Partnership, Partnership or a Limited any other Partner or any of such Partner's Affiliates on the other hand, or (ii) whenever this Agreement or any other agreement contemplated herein or therein provides that the General any Partner shall act in a manner which is, or provides terms which are, fair and reasonable to the Partnership, Partnership or any Limited Partner, the General such Partner shall resolve such conflict of interest, taking take such action or provide such terms, considering in each case the relative interest interests of each party (including its own interest) to such conflict, agreement, transaction or situation and the benefits and burdens relating to such interests, any customary or accepted industry practices, and any applicable generally accepted accounting practices or principles. In the absence of bad faith by the General any Partner, the resolution, action or terms so made, taken or provided by the General such Partner shall not constitute a breach of this Agreement or any other agreement contemplated herein or of any duty or obligation of the General Partner at law or in equity or otherwisetherein.

Appears in 1 contract

Samples: Partnership Agreement (Oppenheimer Capital L P /De/)

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