Common use of Right to Conduct Activities Clause in Contracts

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC (together with its Affiliates, “PureTech”) is a healthcare business, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC each of the Investors (together with its Affiliates, “PureTech”) is a healthcare businessprofessional investment fund, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech such Investor shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech such Investor or its Affiliates in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech such Investor or its Affiliates to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this AgreementAgreement or otherwise, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC certain of the Investors (together with its Affiliatesincluding, without limitation, GIC) are professional investment funds (the “PureTechFunds”) is a healthcare business), and as such invests invest in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech the Funds shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech such Funds in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech such Funds to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors such Funds from liability associated with (1) the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (2) bad faith or willful misconduct on the part of the Funds or (y) any director or officer of the Company appointed by such Funds from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC each Major Investor (together with its Affiliates, “PureTech”their respective affiliates) is a healthcare businessprofessional investment fund, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s 's business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech each such Major Investor shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech such Major Investor in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech such Major Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s 's confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC certain of the Investors (together with its Affiliates, “PureTech”their affiliates) is a healthcare businessare professional investment funds, and as such invests invest in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech each such Investor (each, a “Fund Investor”) shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech such Fund Investor in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech such Fund Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC (together with its Affiliates, “PureTech”) each Major Investor is a healthcare businessprofessional investment organization, and as such invests in numerous portfolio companiesreviews the business plans and related proprietary information of many enterprises, some of which may be deemed competitive compete directly or indirectly with the Company’s business (as currently conducted or as currently propose proposed to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech each Major Investor shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech a Major Investor in any entity competitive with the Company, or (ii) actions taken by any partner, officer officer, employee or other representative of PureTech such Major Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC (together with its Affiliates, “PureTech”) is a healthcare businessthe Investors and their affiliates are professional investment organizations, and as such invests in numerous portfolio companiesreview the business plans and related proprietary information of many enterprises, some of which may be deemed competitive compete directly or indirectly with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech the Investors shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech the Investors in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech an Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC [***] (together with its Affiliates, “PureTech[***]”) is a healthcare businessprofessional investment fund, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech [***] shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech [***] in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech [***] to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC 22NW, LP (together with its Affiliates, “PureTech22NW”) is a healthcare businessprofessional investment organization, and as such invests in numerous portfolio companiesreviews the business plans and related proprietary information of many enterprises, some of which may be deemed competitive compete directly or indirectly with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech 22NW shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech 22NW in any entity competitive with the Company, or (ii) actions taken by any partner, officer officer, employee or other representative of PureTech 22NW to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health Barer & Son Capital, LLC (together with its Affiliates, “PureTech”affiliates) is a healthcare businessprofessional investment fund, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech none of the Barer Group Investors shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech any Barer Group Investor in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech any Barer Group Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

Right to Conduct Activities. (a) The Company hereby agrees and acknowledges that Puretech Health LLC (together with its Affiliatescertain of the Investors, “PureTech”) is a healthcare businessincluding NEA, for the avoidance of doubt, are professional investment funds, and as such invests invest in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose proposed to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, PureTech any such Investors shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by PureTech such Investor in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative of PureTech such Investor to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this AgreementAgreement or otherwise, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.