Common use of Permitted Exception Clause in Contracts

Permitted Exception. Notwithstanding the foregoing provisions of this section, Provider shall be permitted to (i) own up to five percent of the publicly-traded securities, registered under Section 12 or 15(d) of the Securities Exchange Act of 1934, of any competitor of Recipient, and (ii) continue to own an interest in and fully participate in the business of Recipient and any other wholly-owned or partially-owned subsidiary of Provider in which Provider owned an interest or in whose business Provider participated, in both cases at the time of the expiration or termination of this Agreement, provided, however, that such ownership and participation was not in violation of this Agreement.

Permitted Exception. Notwithstanding the foregoing provisions of this section, Provider the Representative shall be permitted to (i) own up to five percent of the publicly-traded securities, registered under Section 12 or 15(d) of the Securities Exchange Act of 1934, of any competitor of Recipientthe Company, and (ii) continue to own an interest in and fully participate in the business of Recipient the Company and any other wholly-owned or partially-owned subsidiary of Provider the Representative in which Provider the Represenative owned an interest or in whose business Provider the Representative participated, in both cases at the time of the expiration or termination of this Agreement, provided, however, that such ownership and participation was not in violation of this Agreement.