Competitive Projects Clause Samples

Competitive Projects. Manager may, individually or with others, engage in or possess an interest in any other projects and ventures of every nature and description, including, but not limited to, the ownership, financing, leasing, operation, management, brokerage, development and sale of real property and building projects other than the Property, whether or not such other ventures or projects are competitive with the Property.

Competitive Projects. Manager agrees that in its management of ventures or projects which are competitive with the Project, Manager will exercise good faith towards and deal fairly with Owner and the Project. Manager agrees to notify Owner of any competitive projects.

Competitive Projects. This Plan distinguishes between pre-competitive research projects and competitive research projects. Pre-competitive research projects should be directed to projects in which the results are likely to be beneficial to advancing the general state of the art and not specific to a particular Member’s proprietary process or products. Competitive research projects should be directed to projects in which the results are likely to be more applied in nature and specific to a particular Member’s proprietary process or products. At the time a research project is submitted to Institute for funding, the applicant must identify the research project as pre-competitive or competitive. When reviewing research projects for funding, the Institute will consider whether projects are pre-competitive or competitive as one factor for selection. For Member Initiated Projects, a preference will be given for pre-competitive projects. Members may provide additional funding for projects that have been approved for funding from membership fees to create an Enhancement Project. Intellectual Property arising from an Enhancement Project is Institute Intellectual Property and the additional funding does not affect ownership or licensing rights in the Institute Intellectual Property. The benefits of providing additional funding may include reduced Facilities & Administration (F&A). It is also possible for a Member or Members to fund projects that are not “Institute Research” pursuant to a sponsored research agreement with NC State. This is not an Enhancement Project. The terms of the sponsored research agreement will be set forth in the agreement and, unless otherwise agreed by the parties, neither the Institute nor any non-party Member will have any rights in the results of the research. The results of this research will be available to Institute Members on terms set forth in the sponsored research agreement. Such research will carry F&A rates and other terms, including intellectual property and licensing rights, customary for sponsored research agreements at NC State.

Competitive Projects. Until such time as all of the Obligations -------------------- under and arising out of the Construction Loan Documents, together with the Working Capital Loan and the Incentive Fee, excluding the Receivables Loan, have been paid and satisfied in full, and Lender has no further obligation to make any advances of the Construction Loan or Working Capital Loan, Borrower shall not, without the prior written consent of Lender, develop or permit any of its Affiliates to develop a time-share resort in or around the Lake Tahoe resort area.

Competitive Projects. Owner and Manager, in each case, individually or with others, may engage in, own, manage or possess any interest in any other properties, projects and ventures of every nature and description, including, but not limited to, the ownership, financing, leasing, operation, management, brokerage, development and sale of real property and single family rental projects other than the Properties and the Services to be provided hereunder, whether or not such other ventures or projects compete with the Properties or the Services to be provided hereunder so long as any such engagement or possession by Manager or its affiliates shall not adversely affect the Properties, the performance of the Services hereunder by Manager or Owner, and neither Manager nor Owner shall have any right to the income or profits derived from such other Party’s projects.

Competitive Projects. (a) Development Manager may, individually or with others, engage or possess an interest in other projects and ventures of every nature and description, including, but not limited to, the ownership, financing, leasing, operation, management, brokerage, development and sale of real property and projects other than the Project, even if those other projects and ventures are in the vicinity of or competitive with the Project. Owner shall not have any right to the income or profits derived therefrom. (b) Owner acknowledges that Affiliates of Development Manager are engaged, directly and indirectly, in development of the developments adjacent to the Project, which includes, among other things, a mixed use development , an office development and a retail development. Owner acknowledges that the Affiliates of Development Manager may continue to be engaged directly and indirectly in such developments. Owner shall not have any right by virtue of this Agreement in and to such developments or the income or profits derived from such developments. The status of Development Manager under this Agreement shall be without prejudice to the rights of the Affiliates of Development Manager to have such other interests and activities, and to enjoy profits or compensation therefrom. (c) The foregoing and anything else in this Agreement notwithstanding, Development Manager shall (i) at all times treat its obligations with respect to the Project with at least an equal regard as compared to its other projects and ventures, and (ii) not discriminate against Owner or the interests of Owner in the Property or Project, or systematically impede or obstruct the full realization by Owner of its interests in the Property or Project, in connection with the exercise of Development Manager’s rights or the discharge of Development Manager’s obligations under this Agreement or the agreements and documents governing its other project or ventures.

Competitive Projects. The University acknowledges, agrees and understands that the Manager and/or its affiliates may, individually or with others, engage in or possess an interest in any other projects and ventures of every nature and description, including, but not limited to, the ownership, financing, licensing, operation, management, brokerage, development and sale of real property and building projects other than the Project, whether or not such other ventures or projects are competitive with the Project.

Competitive Projects. Owner and Manager, in each case, individually or with others, may engage in, own, manage or possess any interest in any other properties, projects and ventures of every nature and description, including, but not limited to, the ownership, financing, leasing, operation, management, brokerage, development and sale of real property and apartment projects other than the Properties and the Services to be provided hereunder, whether or not such other ventures or projects compete with the Properties or the Services to be provided hereunder so long as any such engagement or possession shall not adversely affect the Properties, the performance of the Services hereunder or Owner, and neither Manager nor Owner shall have any right to the income or profits derived from such other party’s projects.