Other Customers. Nothing in this Agreement shall prevent the Manager or any officer thereof from acting as investment adviser, sub-adviser, administrator or manager for any other person, firm, or corporation, and shall not in any way limit or restrict the Manager or any of its officers, members or employees from buying, selling or trading any securities for its own or their own accounts or for the accounts of others for whom it or they may be acting, provided, however, that the Manager expressly represents that it will undertake no activities which, in its judgment, will adversely affect the performance of its obligations under this Agreement.
Other Customers. Nothing in this Agreement shall be construed to prevent or prohibit Provider from providing the same or similar services to any Person not a Party to this Agreement and from entering into a form of agreement substantially similar to this Agreement with any such Persons; provided that the provision of such services does not adversely affect Provider’s ability to perform its obligations hereunder.
Other Customers. Customer and SABINE acknowledge that TOTAL LNG USA, Inc. (“Total”) and Chevron U.S.A., Inc. (“Chevron”) are Other Customers of the Sabine Pass Facility. Customer and SABINE agree that Customer’s rights under this Agreement: (1) are subject to Total’s rights under that certain Terminal Use Agreement dated September 2, 2004, as amended, between Total and SABINE (“Total TUA”); and (2) are subject to Chevron’s rights under that certain Terminal Use Agreement dated November 8, 2004, as amended, between Chevron and SABINE (“Chevron TUA”). No provision of this Agreement shall be effective if and to the extent that it conflicts with a provision of an Existing Customer Agreement. This Agreement is subject the obligations of Cheniere LNG, Inc. (“Cheniere LNG”) under that certain Option Agreement (the “Option Agreement”) dated December 23, 0000 xxxxxxx Xxxxxxxx XXX and J&S Cheniere, S.A. (“J&S Cheniere”), but only as it applies to the Sabine Pass Facility. If J&S Cheniere and SABINE enter into a terminal use agreement pursuant to the Option Agreement, Customer agrees to relinquish sufficient capacity, up to 200 mmcf/d, under this Agreement to allow SABINE to satisfy its obligations under any such terminal use agreement entered into with J&S Cheniere.
Other Customers. If your principal place of business is located outside the United States or Canada (as determined by your address in the Service Order):
Other Customers. In addition to the foregoing, Distributor may market to any other potential customer in the Territory defined under EXHIBIT A, provided customer is not already or does not prospectively become a customer of the Company and provided that Distributor is otherwise in compliance with the terms of this Agreement. These customers may include Med Spas and Aesthetics providers that the Distributor obtains provided such customers are not already customers of the Company. For the avoidance of doubt, a Person that is already a customer of the Company means a Person (including medical groups, individual physicians, and their respective affiliated franchises or organizations) that demonstrates a history and/or pattern of purchasing the Products from Company. In an effort the avoid channel conflicts, Distributor agrees to provide written notice to Company prior to, or, to the extent advance written notice is not possible, as soon as practicable after, Distributor enters into an agreement with a new customer.
Other Customers. The expert shall determine a method by which the effects thereof may be equitably allocated among the Parties and the Other Customers. The expert shall be authorized to modify this Agreement in accordance with the expert’s resolution of such allocation. The terms “equitable allocation” or “equitably allocated” under this Section 4.5 shall take into account: (a) the timing of when FLNG incurs New Taxes, (b) if there has been a reduction of Taxes and a concurrent enactment of New Taxes, which Party currently bears the risk of Taxes under this Agreement, (c) that Customer is paying, as part of the Fee, *** per MMBTU in relation to property taxes on the Freeport Facility, (d) the portions of LNG terminalling services contracted by Customer and by Other Customers with FLNG, and (e) the remaining duration of the Term and of the term of the terminal use agreement with each Other Customer. In guidance to the amendment of the Agreement, any New Taxes allocated to Customer hereunder shall be treated as part of the Fee for the purposes of Sections 4.3 and 4.7(b).
Other Customers. Notwithstanding any provision to the contrary in this Agreement, Manufacturer shall not use Buyer’s or its Affiliates’ Confidential Information to produce (including, without limitation, manufacture, process, package, label, quality control test, stability test, release, store and/or supply) any product for any other customer of Manufacturer.