Kimberly is currently away on medical leave and I have therefore taken the liberty of responding to your query.
In this context, please note that Clause 2.5(a) imposes restrictions with respect to the manufacture, production, importation, exportation, sale, advertisement, promotion or distribution of competing products. You would note that the type of restriction imposed is limited to various dealings with the underlying products.
Clause 9 on the other hand imposes much wider business related restrictions. Under Clause 9, DMPI is generally prohibited from (a) being involved in a business which competes with your business (b) soliciting your customers and (c) being associated with your competitors.
You may therefore view clause 2.5(a) as a narrow undertaking not to sell or market competing protects and clause 9 as a broader undertaking preventing DMPI from being involved in a competing business in a manner which is adverse to your interest.
DMPI is therefore taking the position that as long as they refrain from selling or marketing competing products, you should allow them to conduct their business in any other way they please. They can therefore take stakeholdings in competitors, be associated with your competitors or even solicit your customers for your competitors. I do not think this is a reasonable request.
Kimberly is currently away on medical leave and I have therefore taken the liberty of responding to your query.
In this context, please note that Clause 2.5(a) imposes restrictions with respect to the manufacture, production, importation, exportation, sale, advertisement, promotion or distribution of competing products. You would note that the type of restriction imposed is limited to various dealings with the underlying products.
Clause 9 on the other hand imposes much wider business related restrictions. Under Clause 9, DMPI is generally prohibited from (a) being involved in a business which competes with your business (b) soliciting your customers and (c) being associated with your competitors.
You may therefore view clause 2.5(a) as a narrow undertaking not to sell or market competing protects and clause 9 as a broader undertaking preventing DMPI from being involved in a competing business in a manner which is adverse to your interest.
DMPI is therefore taking the position that as long as they refrain from selling or marketing competing products, you should allow them to conduct their business in any other way they please. They can therefore take stakeholdings in competitors, be associated with your competitors or even solicit your customers for your competitors. I do not think this is a reasonable request.
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