Common use of Business Dealings with the Company Clause in Contracts

Business Dealings with the Company. Subject to Sections 4.1(a) (Matters Requiring the Approval of the Members) and 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Member or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Member or any of their respective Affiliates, subject to the Companies Act. The Members agree that where practicable and contractually allowable (based on competitive price, availability and other material terms), the Board of Executive Officers will consider whether to utilize any Member or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Member or Affiliate to meet the Company’s manufacturing requirements on competitive terms. Unless otherwise approved by the Members or otherwise expressly provided in the FF Operative Documents, all business dealings of the Company with any Member or any of their respective Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.

Business Dealings with the Company. Subject to Sections 4.1(a) (Matters Requiring the Approval of the MembersShareholders) and 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Member Shareholder or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Member Shareholder or any of their respective Affiliates, subject to the Companies Act. The Members Shareholders agree that where practicable and contractually allowable (based on competitive price, availability and other material terms), the Board of Executive Officers Directors will consider whether to utilize any Member Shareholder or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Member Shareholder or Affiliate to meet the Company’s manufacturing requirements on competitive terms. Unless otherwise approved by the Members Shareholders or otherwise expressly provided in the FF FA Operative Documents, all business dealings of the Company with any Member Shareholder or any of their respective Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member Shareholder or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.

Business Dealings with the Company. Subject to Sections 4.1(a) (Matters Requiring the Approval of the MembersUnitholders) and 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Member Unitholder or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Member Unitholder or any of their respective Affiliates, subject to the Companies Japan Act. The Members Unitholders agree that where practicable and contractually allowable (based on competitive price, availability and other material terms), the Board of Executive Officers Directors will consider whether to utilize any Member Unitholder or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Member Unitholder or Affiliate to meet the Company’s 's manufacturing requirements on competitive terms. Unless otherwise approved by the Members Unitholders or otherwise expressly provided in the FF FP Operative Documents, all business dealings of the Company with any Member Unitholder or any of their respective Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member Unitholder or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.

Business Dealings with the Company. Subject to Sections 4.1(a) (Matters Requiring the Approval of the MembersShareholders) and 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Member Shareholder or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Member Shareholder or any of their respective Affiliates, subject to the Companies Act. The Members Shareholders agree that where practicable pract1 able and contractually allowable (based on competitive price, availability and other material terms), the Board of Executive Officers Directors will consider whether to utilize any Member Shareholder or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Member Shareholder or Affiliate to meet the Company’s 's manufacturing requirements on competitive terms. Unless otherwise approved by the Members Shareholders or otherwise expressly provided in the FF FA Operative Documents, all business dealings of the Company with any Member Shareholder or any of their respective Affiliates shall be on the most beneficial standard EXECUTION VERSION commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member Shareholder or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.

Business Dealings with the Company. Subject to the provisions set forth in Sections 4.1(a4.01(a) (Matters Requiring the Approval Consent of the Members) and 5.1(d5.01(d) (Matters Requiring the Approval Consent of the Board of Executive OfficersOperating Committee), the Company may enter into contracts or agreementsagreements with, or and otherwise enter into transactions or dealings, with any with, either Member (or any of their respective its Affiliates), and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any either Member or any of their respective Affiliates, subject to the Companies Act. The Members agree that where practicable and contractually allowable (and when based on competitive price, availability and other material terms), ) the Board of Executive Officers Operating Committee will consider whether to utilize any Member or any of the Parents and their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the Parents' (or their respective Affiliates') ability of such Member or Affiliate to meet the Company’s 's manufacturing requirements on competitive terms. Unless otherwise approved by the Members or otherwise expressly provided in the FF Operative Documents, all business dealings of the Company with any either Member or any of their respective its Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member SanDisk or AffiliateToshiba (or their respective Affiliates), as the case may be, with respect to the products and services to be offered and provided to the Company.