Common use of Nonexclusivity of Rights Clause in Contracts

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which that a Member, officer Covered Person or other Person indemnified pursuant to Section 5.3 7.6 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, any agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 8 shall not be exclusive of any other right which that a Member, officer or other Person person indemnified pursuant to Section 5.3 this Article 8 may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which a the Member, officer Director or other Person indemnified pursuant to Section 5.3 8.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Agreement, vote agreement, action of Members the Member or Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which that a Member, officer Covered Person or other Person indemnified pursuant to Section 5.3 7.6 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, any agreement, vote of Members or disinterested Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 Sections 7.1 and 7.2 may have or hereafter acquire under any law (common or statutory)Laws, provision of the Certificate or this Agreement, or any other agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which that a Member, officer Director, Officer or other Person indemnified pursuant to Section 5.3 this Article VIII may have or hereafter acquire under any law Law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 8 shall not be exclusive of any other right which that a Member, Advisor, officer or other Person indemnified pursuant to Section 5.3 this Article 8 may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer Officer or other Person indemnified pursuant to Section 5.3 7.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members Unitholders or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article X shall not be exclusive of any other right which a Member, officer or other Covered Person indemnified pursuant to Section 5.3 10.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which that a Member, officer Officer or other Person indemnified pursuant to Section 5.3 this Article VII may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in by this ARTICLE Article V shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate Articles of Organization or this Operating Agreement, agreements, vote of Members members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V VIII shall not be exclusive of any other right which a Memberthat the Sole Member or any Director, officer Officer, employee or agent of the Company or other Person indemnified pursuant to Section 5.3 this ARTICLE VIII may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate this Agreement or this Agreement, vote of Members any other contract or otherwiseagreement.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer Officer, employee or other Person indemnified pursuant to Section 5.3 7.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members Unitholders or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V VII shall not be exclusive of any other right which a MemberManager, officer Officer or other Person indemnified pursuant to Section 5.3 SECTION 7.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members Unitholders or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which a Member, officer that the General Partner or other Person indemnified pursuant to Section 5.3 this Article V may have or hereafter acquire under any contract, law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article IX shall not be exclusive of any other right which that a Member, Director, officer or other Person person indemnified pursuant to Section 5.3 this Article IX may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 8 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 any person may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation of the Company, bylaw, agreement, consent of the Sole Member or this Agreement, vote of Members disinterested Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 5.8 shall not be exclusive of any other right which a Member, officer or other any Indemnified Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or Articles, this Agreement, any other agreement, vote of Members Members, action of the Manager or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 6.3 shall not be exclusive of any other right which a Member, officer or other any Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory)statute, provision agreement, law, decision of the Certificate or this Agreement, vote of Members General Partner or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which that a Member, officer an officer, or other Person indemnified pursuant to Section 5.3 this Article V may have or hereafter acquire under any contract, law (common or statutory), the Charter and By-Laws of the Managing Member or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer Tax Matters Partner, Officer or other Person indemnified pursuant to Section 5.3 7.2 may have or hereafter acquire (i) under any law (common or statutory), (ii) under any provision of the Certificate or this Agreement, (iii) pursuant to the Advisory Agreement or (iv) by vote of Members Unitholders or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in by this ARTICLE V Section 5 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Operating Agreement, agreements, vote of Members Members, or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article IV shall not be exclusive of any other right which a the Member, officer Manager, Officer or other Person indemnified pursuant to Section 5.3 4.1 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, any other agreement or any resolution of the Member or vote of Members the Board or otherwise.

Nonexclusivity of Rights. The right rights to indemnification and to the advancement and payment Advancement of expenses Expenses conferred in this ARTICLE V Article 7 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 any person may have or hereafter acquire under any law (common or statutory)statute, provision of the Certificate or of Formation, this Agreement, any other agreement, vote or action of Members the Members, or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article IX shall not be exclusive of any other right which a MemberManager, officer or other Person person indemnified pursuant to Section 5.3 9.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which that a MemberMember or member of the Board, officer or other Person indemnified pursuant to Section 5.3 this Article V may have or hereafter acquire under any contract, law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 7.4 shall not be exclusive of any other right which that a Member, officer member of the Board, Officer or other Person indemnified pursuant to Section 5.3 7.4 may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to of indemnification and the advancement and payment of expenses conferred incurred in this ARTICLE V Article shall not be exclusive of any other right which a Member, officer Director or Member or other Natural Person indemnified pursuant to Section 5.3 this Agreement may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Agreement, other agreement, vote of disinterested Class B Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in by this ARTICLE V Section 5 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Operating Agreement, agreements, vote of Members members, or otherwise.

Nonexclusivity of Rights. The right rights to indemnification and to the advancement and payment advance of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 any person may have or hereafter acquire under this Certificate of Incorporation, the Bylaws, any law (common or statutory)statute, provision of the Certificate or this Agreementagreement, vote of Members stockholders or disinterested Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which that a MemberMember or member or partner of the Manager, officer or other Person indemnified pursuant to Section 5.3 this Article V may have or hereafter acquire under any contract, law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a Memberthe Managers, officer the Members or other Person indemnified pursuant to Section 5.3 this Article VII may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of the Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 8 shall not be exclusive of any other right which that a Member, officer Manager, Officer or other Person indemnified pursuant to Section 5.3 this Article 8 may have or hereafter acquire under any law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members Agreement or otherwise.

Nonexclusivity of Rights. The right to indemnification and the ------------------------ advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be ------------ exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 8.4 ----------- may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article IV shall not be exclusive of any other right which a Member, officer Manager, Officer or other Person indemnified pursuant to Section 5.3 4.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or Manager or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 5.9 shall not be exclusive of any other right which a Member, officer or other any Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any statute, agreement, law (common or statutory), provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which a MemberManager, officer or other Person indemnified pursuant to Section 5.3 8.4 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer or other Person indemnified pursuant to Section 5.3 7.4 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or the disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 6.3 shall not be exclusive of any other right which a Member, officer or other any Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory)statute, provision agreement, law, decision of the Certificate or this Agreement, vote of Members General Partner or otherwise.. 32

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section shall not be exclusive of any other right which a MemberManager, officer an Officer or other Person indemnified pursuant to this Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Agreement, agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 7 shall not be exclusive of any other right which a MemberMember or Director, officer or other Person indemnified pursuant to Section 5.3 this Article 7 may have or hereafter acquire under any law (common or statutory)Law, provision of the Certificate this Article 7 or this Agreement, agreement, vote of Members Members, or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V ‎ARTICLE 8 shall not be exclusive of any other right which a MemberMember or Director, officer or other Person indemnified pursuant to Section 5.3 this ‎ARTICLE 8 may have or hereafter acquire under any law (common or statutory)Law, provision of the Certificate this ‎ARTICLE 8 or this Agreement, agreement, vote of Members Members, or otherwise.. 8.8

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 7 shall not be exclusive of any other right which a Memberthe Managers, officer the Member or other Person indemnified pursuant to Section 5.3 this Article 7 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members the Member or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which a the Member, officer Director or other Person indemnified pursuant to Section 5.3 8.1 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Agreement, vote agreement, action of Members the Member or Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which that a MemberMember or Director, officer or other Person indemnified pursuant to Section 5.3 this Article V may have or hereafter acquire under any contract, law (common or statutory), ) or provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which a Member, officer Director or other Person indemnified pursuant to Section 5.3 9.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate of Formation or this Agreement, vote agreement, action of Members the Member or Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement advancement, reimbursement and payment of expenses conferred in this ARTICLE V Article XII shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 an Indemnitee may have or hereafter acquire under any law Law (common or statutory), provision of the Certificate or this Agreement, agreement or vote of Members or Directors or otherwise. Each Indemnitee is an express third party beneficiary of, and shall be entitled to enforce, the provisions of this Article XII.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in by this ARTICLE V Article 5 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate Articles of Organization or this Operating Agreement, agreements, vote of Members members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V VIII shall not be exclusive of any other right which a MemberManager, officer or other Person indemnified pursuant to Section 5.3 8.4 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, agreement, vote of Members or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE Article V shall not be exclusive of any other right which a Member, officer Manager, Officer or other Person indemnified pursuant to Section 5.3 5.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, other agreement, vote of Members or the Board or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberDirector, officer Officer or other Person indemnified pursuant to Section 5.3 7.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate Articles or this Agreement, agreement, vote of Members Unitholders or disinterested Directors or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in by this ARTICLE V Article IX shall not be exclusive of any other right which a Member, officer an Indemnitee or other Person indemnified which the Company may indemnify pursuant to Section 5.3 9.03 may have or hereafter acquire under any applicable law (common or statutory), provision of the Certificate Articles, these Regulations or this Agreement, vote of Members other agreement or otherwisearrangement.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V VII shall not be exclusive of any other right which a MemberManager, officer Officer or other Person indemnified pursuant to Section 5.3 7.5 may have or hereafter acquire under any law (common or statutory)Law, provision of the Certificate or this Agreement, vote act of Members the Manager or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VIII shall not be exclusive of any other right which a Member, officer Manager or other Person indemnified pursuant to Section 5.3 8.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, other agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article 5 shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article shall not be exclusive of any other right which a Member, officer Director or other Person indemnified pursuant to Section 5.3 Officer may have or hereafter acquire under any law (common or statutory), provision of the Certificate Articles or this Agreement, any agreement, vote of Members Members, or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 5.7 shall not be exclusive of any other right which a MemberManager, officer or other Person indemnified pursuant to Section 5.3 5.7.3. may have or hereafter acquire under any law (common or statutory), provision of the Certificate or Certificate, this Agreement, any other agreement, vote of Members or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer or other Person indemnified pursuant to Section 5.3 7.4 may have or hereafter acquire under any law (common or statutory), provision of the Certificate Articles or this Agreement, agreement, vote of Members or the disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article VII shall not be exclusive of any other right which a MemberManager, officer Officer or other Person indemnified pursuant to Section 5.3 7.3 may have or hereafter acquire under any law applicable Law (common or statutory), provision of the Certificate or this Operating Agreement, agreement, vote of Members Unitholders or disinterested Managers or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V section shall not be exclusive of any other right which a Member, officer the Member or other Indemnified Person indemnified pursuant to Section 5.3 this section may have or hereafter acquire under any law (common or statutory), provision of the Certificate or Certificate, this Agreement, any other agreement, vote of Members or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article IV shall not be exclusive of any other right which a the Member, officer Manager, Officer or other Person indemnified pursuant to Section 5.3 4.2 may have or hereafter acquire under any law (common or statutory), provision of the Certificate or this Agreement, any other agreement or any resolution of the Member or vote of Members the Board or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Article shall not be exclusive of any other right which a Member, officer or other Person indemnified pursuant to Section 5.3 an Officer may have or hereafter acquire under any law (common or statutory), provision of the Certificate ) or this Agreement, vote any agreement, consent of Members the Member, or otherwise.

Nonexclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this ARTICLE V Section 3.08(b) shall not be exclusive of any other right which a Member, officer that an Indemnified Person or other Person indemnified pursuant to this Section 5.3 3.08(b) or otherwise may have or hereafter acquire under any law (common or statutory), provision of the Certificate Certificate, this Agreement or this Agreement, vote approval of Members the Board or otherwise.