LIMITS ON EXCLUSIVITY Clause Samples
LIMITS ON EXCLUSIVITY. (a) The exclusivity rights set forth in this Agreement shall not apply to (i) any Agency Loan or Tax-Exempt Loan, (ii) any Loan or Security for which the Partnership is not a qualified transferee under the applicable documents or where the Partnership does not meet the regulatory or contractual requirements to purchase or own such Loan or Security, (iii) any Security, bond or certificate structured like CMBS or RMBS which is backed predominantly by investments excluded from this Agreement under subclause (i) above, (iv) any investment referenced in 1.1(a)-(d) that has closed or is owned as of the date of this Agreement, and (v) any Loan or Security acquired or originated by Capmark Finance with respect to any business lines developed or commenced, or asset types financed or invested in, after the date of this Agreement.
(b) Subject to market terms and the fiduciary obligations of the Partnership, (i) any Loan or Security sold by Capmark Finance pursuant to this Agreement is sold on a servicing retained basis, and (ii) any Loan or Security co-originated by Capmark Finance and the Partnership pursuant to this Agreement shall be serviced exclusively by Capmark Finance.
LIMITS ON EXCLUSIVITY. Notwithstanding Section 3(a) above, Travelocity's Exclusive Position will not preclude @Home from the following:
(i) Editorial Content. @Home's editors may place editorial content on the @Home Service from time to time which content may include links to third party sites including competitor sites. However, @Home may not persistently promote Competitor content on the @Home Service with the exception of editorial listings. Within such editorial listings section, TSG will have a promotional placement `above the fold', either in the banner advertising space or in a sponsor space above the editorial listings.