Freedom of Action. This Agreement is nonexclusive and either party may design, develop, manufacture, acquire or market competitive products or services. Buyer will independently establish prices for resale of Deliverables or Services and is not obligated to announce or market any Deliverables or Services and does not guarantee the success of its marketing efforts, if any.
Freedom of Action. Except as otherwise provided, nothing contained in this Agreement shall be construed to limit or impair any right of either Party to enter into similar agreements with other parties, or to develop, acquire, license or market, directly or indirectly, other products or services, competitive with those offered by the other Party.
Freedom of Action. Each Participant and such Participant’s Affiliates, and their respective Representatives (individually, “Permitted Person” and collectively, the “Permitted Persons”) may have other business interests and may engage in any business or trade, profession, employment, or activity whatsoever (regardless of whether any such activity competes, directly or indirectly, with the Company’s business or activities), for its own account, or in partnership with, or as a Representative of, any other Person. No Permitted Person (other than, if a Participant is then serving as the Plan Processor, any Officer then employed by the Plan Processor) shall be required to devote its entire time (business or otherwise), or any particular portion of its time (business or otherwise) to the business of the Company. Neither the Company nor any Participant nor any Affiliate thereof, by virtue of this Agreement, shall have any rights in and to any such independent venture or the income or profits derived therefrom, regardless of whether or not such venture was initially presented to a Permitted Person as a direct or indirect result of such Permitted Person’s relationship with the Company. No Permitted Person shall have any obligation hereunder to present any business opportunity to the Company, even if the opportunity is one that the Company might reasonably have pursued or had the ability or desire to pursue, in each case, if granted the opportunity to do so, and no Permitted Person shall be liable to the Company or any Participant (or any Affiliate thereof) for breach of any fiduciary or other duty relating to the Company (whether imposed by applicable law or otherwise), by reason of the fact that the Permitted Person pursues or acquires such business opportunity, directs such business opportunity to another Person or fails to present such business opportunity, or information regarding such business opportunity, to the Company. Each Participant and the Company, to the fullest extent permitted by applicable law, waives any claim or cause of action against any Permitted Person for breach of any fiduciary duty or other duty (contractual or otherwise) by reason of the fact that the Permitted Person pursues or acquires any opportunity for itself, directs such opportunity to another Person, or does not present such opportunity to the Company. This Section 4.9 shall have no effect on the terms of any relationship, agreement or arrangement between any Participant (other than solely in its capa...
Freedom of Action. It is agreed that Advisor's rendering of services under this Agreement shall in no way conflict or interfere with his existing professional responsibilities. In that Advisor is an independent contractor, and not an employee of PhageTx, PhageTx shall not be responsible for Advisor's acts while Advisor is performing the Services hereunder, whether on PhageTx's premises or elsewhere, and Advisor shall not have authority to speak for, represent, or obligate PhageTx in any way without the explicit prior written authority from PhageTx. If any part of this Agreement shall be held as unenforceable, the remainder of the Agreement shall nevertheless remain in full force and effect and the unenforceable provision shall be construed by the court in such a manner as to be held enforceable while giving maximum effect to the intended meaning. Please indicate Advisor's acceptance of the foregoing by returning a fully executed copy of this Agreement to PhageTx. Phage Therapeutics, Inc.: Advisor: 00000 - 000xx Xxxxxx Xx, Xxxxx 000 Xxxx X. Xxxxxxxxx, PhD Xxxxxxx, XX 00000 0000 - 000xx Xxxxxx XX Xxxxxxx, WA 98050 By: /s/ Xxxxxxx X. Honour /s/ By: /s/ Xxxx X. Xxxxxxxxx /s/ ------------------------- ------------------------- Xxxxxxx X. Honour, PhD Xxxx X. Xxxxxxxxx, PhD President & CEO Advisor
Freedom of Action. Nothing in this Agreement shall prevent either party from engaging in similar business with other persons, including, without limit, competitors of the other party, provided that the confidentiality terms of this Agreement are not breached.
Freedom of Action. Each party may have similar agreements with others. Each party may design, develop, manufacture, acquire or market competitive products and services, and conduct its business in whatever way it chooses. IBM is not obligated to announce or market any products or services. IBM does not guarantee the success of its marketing efforts. IBM will independently establish prices for its products and services.
Freedom of Action. Each Party agrees that this Agreement does not create an exclusive relationship between the parties, and both parties may enter into agreements with other parties for same or similar work, or to make, have made, use, sell, buy, develop, market or otherwise transfer any products or services, now or in the future, provided that any such agreement does not cause either party to be in breach of any of their obligations under this Agreement or constitute a violation of either party’s Intellectual Property Rights.
Freedom of Action. Except as set forth in Section 2.2, nothing in this Agreement shall be construed as prohibiting or restricting either party from independently developing or acquiring and marketing materials and/or programs that are competitive with the Co-Branded Sites.
Freedom of Action. Licensee agrees that this Agreement is nonexclusive and NVIDIA may currently or in the future be developing software, other technology or confidential information internally, or receiving confidential information from other parties that maybe similar to the Feedback and Licensee's confidential information (as provided in Section 7.1.2 above), which may be provided to NVIDIA in connection with Feedback by Licensee. Accordingly, Licensee agrees that nothing in this Agreement will be construed as a representation or inference that NVIDIA will not develop, design, manufacture, acquire, market products, or have products developed, designed, manufactured, acquired, or marketed for NVIDIA, that compete with the Licensee's products or confidential information.
Freedom of Action. Nothing in this Agreement shall be construed as prohibiting or restricting either party from independently developing, acquiring, and marketing products, services, and other materials which are competitive in any form with the Services.
