Common use of Right to Compete Clause in Contracts

Right to Compete. (a) TCI and any Affiliate of TCI may engage in or possess interests in one or more other businesses or ventures of any nature or description, without regard to whether any of such businesses or ventures are or may be deemed to be competitive in any way with any business of the Company or any person in which the Company has an interest. Without limiting the generality of the foregoing, none of TCI or any of its Affiliates or any director, officer or employee of TCI or any of its Affiliates (including any such director, officer or employee who serves as a director, officer or employee of the Company) will be obligated to present to the Company any particular investment or business opportunity, regardless of whether such opportunity is of a character that the Company could pursue it if it were presented to the Company, but instead, TCI and its Affiliates will have the right to take such opportunity for their own account or for the account of any other Person without any obligation whatsoever to the Company. (b) Although the Company and TCI agree to be bound by the provisions of subsection (a) of this Section for purposes of defining their respective legal rights and obligations, TCI acknowledges that, subject to such provisions, TCI intends to use commercially reasonable efforts to expand the involvement of the Company in the Music Business and to cause the Company to pursue future business activities in the Music Business.

Right to Compete. (a) TCI and any Affiliate of TCI may engage in or possess interests in one or more other businesses or ventures of any nature or of description, without regard to whether any of such businesses or ventures are or may be deemed to be competitive in any way with any business of the Company or any person in which the Company has an interest. Without limiting the generality of the foregoing, none of TCI or any of its Affiliates or any director, officer or employee of TCI or any of its Affiliates (including any such director, officer or employee who serves as a director, officer or employee of the Company) will be obligated to present to the Company any particular investment or business opportunity, regardless of whether such opportunity is of a character that the Company could pursue it if it were presented to the Company, but instead, TCI and its Affiliates will have the right to take such opportunity for their own account or for the account of any other Person without any obligation whatsoever to the Company. (b) Although the Company and TCI agree to be bound by the provisions of subsection (a) of this Section for purposes of defining their respective legal rights and obligations, TCI acknowledges that, subject to such provisions, TCI intends to use commercially reasonable efforts to expand the involvement of the Company in the Music Business and to cause the Company to pursue future business activities in the Music Business.