Common use of Non-Competition and Non-Solicitation Agreements Clause in Contracts

Non-Competition and Non-Solicitation Agreements. The Buyer and each Designated Buyer Affiliate hereby agrees to (and to cause their respective Affiliates to) adhere to and be bound by each non-competition covenant and non-solicitation covenant, the waivers of defences relating thereto and the remedies for breach thereof, to which the applicable MDS Contracting Party (and its Affiliates) is subject pursuant to the agreements executed in connection with the sale of the MDS diagnostics business in the United States, as such agreements are listed in Section 7.12 of the Disclosure Letter (the “U.S. Non-Competition Agreements”), to the same extent (including for the periods of time) as the applicable MDS Contracting Party (and its Affiliates), as if Buyer and the Designated Buyer Affiliates were the original MDS Contracting Party under such U.S. Non-Competition Agreements. For certainty, such non-competition covenants, non-solicitation covenants, the waivers of defences relating thereto and the remedies for breach thereof consist of those provisions set out opposite the applicable U.S. Non-Competition Agreements in Section 7.12