Common use of Waiver of Rights with Respect to Independent Activities Clause in Contracts

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing in this Agreement shall be construed to: (i) prohibit any Member or its Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company or (ii) require any Member to allow the Company or the other Members to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the other Member as a result of the Independent Activities of such Member or its Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided below.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (ia) prohibit any Member or its Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company Company; or (iib) require any Member to allow the Company or the other Members Member to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the other Member as a result of the Independent Activities of such Member or its Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowand the marketing and sale of the Project.

Waiver of Rights with Respect to Independent Activities. Except as provided belowSubject to Section 1.9(d), nothing in this Agreement shall be construed to: (i) prohibit any Affiliate of a Member or its Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the CompanyCompany or any Subsidiary, even if such Independent Activity is not on or with respect to any of the Property and may be in competition with the Company or any Subsidiary; or (ii) require any Member or its Affiliates to allow the Company or any Subsidiary or the other Members to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims arising under this Agreement or out of such Member’s status as such against the other Member as ACTIVE 203377524v.3 a result of the Independent Activities of such any other Member or its Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (i) prohibit any Member or its the Member’s Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company or (ii) require any Member or the Member’s Affiliates to allow the Company or the any other Members Member to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the any other Member as a result of the Independent Activities of such Member or its such Member’s Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (ia) prohibit any Member or its Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company or Company; and (iib) require any Member to allow the Company or the other Members Member to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the other Member as a result of the Independent Activities of such Member or its Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowand the development and operation of the Project.

Waiver of Rights with Respect to Independent Activities. Except as provided belowSubject to Section 1.9(d), nothing in this Agreement shall be construed to: (i) prohibit any Affiliate of a ACTIVE 203377426v.6 Member or its Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the CompanyCompany or any Subsidiary, even if such Independent Activity is not on or with respect to any of the Property and may be in competition with the Company or any Subsidiary; or (ii) require any Member or its Affiliates to allow the Company or any Subsidiary or the other Members to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims arising under this Agreement or out of such Member’s status as such against the other Member as a result of the Independent Activities of such any other Member or its Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (i) prohibit any Member or its the Member’s Affiliates from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company Company; or (ii) require any Member or the Member’s Affiliates to allow the Company or the any other Members Member to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the any other Member as a result of the Independent Activities of such Member or its such Member’s Affiliates, whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (i) prohibit any Member or its the Member’s Affiliates (or the member of a Member and such member’s Affiliates) from continuing, acquiring, owning or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company Company; or (ii) require any Member or the Member’s Affiliates (or the member of a Member and such member’s Affiliates) to allow the Company or the any other Members Member to participate in the ownership or profits of any such Independent Activity. To the extent any Member would have any rights or claims against the any other Member as a result of the Independent Activities of such Member or its such Member’s Affiliates (or the member of a Member and such member’s Affiliates), whether arising by statute, common law or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.

Waiver of Rights with Respect to Independent Activities. Except as provided below, nothing Nothing in this Agreement shall be construed to: (i) prohibit any Member or any of its respective Affiliates from continuing, acquiring, owning owning, or otherwise participating in any Independent Activity that is not owned or operated by the Company, even if such Independent Activity is or may be in competition with the Company or Company; (ii) require any Member or any of its Affiliates to allow the Company or the any other Members Member to participate in the ownership or profits of any such Independent Activity; or (iii) require any Member or any of its Affiliates to provide notice to the Company or any Member regarding any Independent Activity of such Person. To the extent any Member would have any rights or claims against the any other Member as a result of the Independent Activities of such Member or its Affiliates, whether arising by statute, common law law, or in equity, the same are hereby waived with respect to the operation of the Company except as provided belowwaived.