Common use of Limitation of Engagement to the Company Clause in Contracts

Limitation of Engagement to the Company. The Company acknowledges that WestPark has been retained only by the Company, that WestPark is providing services hereunder as an independent contractor (and not in any fiduciary or agency capacity) and that the Company’s engagement of WestPark is not deemed to be on behalf of, and is not intended to confer rights upon, any shareholder, owner or partner of the Company or any other person not a party hereto as against WestPark or any of its affiliates, or any of its or their respective officers, directors, controlling persons (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act), employees or agents. Unless otherwise expressly agreed in writing by WestPark, no one other than the Company is authorized to rely upon any statement or conduct of WestPark in connection with this Agreement. The Company acknowledges that any recommendation or advice, written or oral, given by WestPark to the Company in connection with WestPark’s engagement is intended solely for the benefit and use of the Company’s management and directors in considering a possible Offering, and any such recommendation or advice is not on behalf of, and shall not confer any rights or remedies upon, any other person or be used or relied upon for any other purpose. WestPark shall not have the authority to make any commitment binding on the Company. The Company, in its sole discretion, shall have the right to reject any investor introduced to it by WestPark. If any purchase agreement and/or related transaction documents are entered into between the Company and the investors in the Offering, WestPark will be entitled to rely on the representations, warranties, agreements and covenants of the Company contained in any such purchase agreement and related transaction documents as if such representations, warranties, agreements and covenants were made directly to WestPark by the Company.

Limitation of Engagement to the Company. The Company acknowledges that WestPark Xxxxxx has been retained only by the Company, that WestPark Xxxxxx is providing services hereunder as an independent contractor (and not in any fiduciary or agency capacity) and that the Company’s engagement of WestPark Xxxxxx is not deemed to be on behalf of, and is not intended to confer rights upon, any shareholder, owner or partner of the Company or any other person not a party hereto as against WestPark Xxxxxx or any of its affiliates, or any of its or their respective officers, directors, controlling persons (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act), employees or agents. Unless otherwise expressly agreed in writing by WestParkXxxxxx, no one other than the Company is authorized to rely upon any statement or conduct of WestPark Xxxxxx in connection with this Agreement. The Company acknowledges that any recommendation or advice, written or oral, given by WestPark Xxxxxx to the Company in connection with WestPark’s Xxxxxx’x engagement is intended solely for the benefit and use of the Company’s management and directors in considering a possible Offering, and any such recommendation or advice is not on behalf of, and shall not confer any rights or remedies upon, any other person or be used or relied upon for any other purpose. WestPark Xxxxxx shall not have the authority to make any commitment binding on the Company. The Company, in its sole discretion, shall have the right to reject any investor introduced to it by WestParkXxxxxx. If any purchase agreement and/or related transaction documents are entered into between the Company and the investors Investors in the Offering, WestPark Xxxxxx will be entitled to rely on the representations, warranties, agreements and covenants of the Company contained in any such purchase agreement and related transaction documents as if such representations, warranties, agreements and covenants were made directly to WestPark Xxxxxx by the Company.

Limitation of Engagement to the Company. The Company acknowledges that WestPark Xxxxxx has been retained only by the Company, that WestPark Xxxxxx is providing services hereunder as an independent contractor (and not in any fiduciary or agency capacity) and that the Company’s 's engagement of WestPark Xxxxxx is not deemed to be on behalf of, and is not intended to confer rights upon, any shareholder, owner or partner of the Company or any other person not a party hereto as against WestPark Xxxxxx or any of its affiliates, or any of its or their respective officers, directors, controlling persons (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act), employees or agents. Unless otherwise expressly agreed in writing by WestParkXxxxxx, no one other than the Company is authorized to rely upon any statement or conduct of WestPark Xxxxxx in connection with this Agreement. The Company acknowledges that any recommendation or advice, written or oral, given by WestPark Xxxxxx to the Company in connection with WestPark’s Xxxxxx'x engagement is intended solely for the benefit and use of the Company’s 's management and directors in considering a possible Offering, and any such recommendation or advice is not on behalf of, and shall not confer any rights or remedies upon, any other person or be used or relied upon for any other purpose. WestPark Xxxxxx shall not have the authority to make any commitment binding on the Company. The Company, in its sole discretion, shall have the right to reject any investor introduced to it by WestParkXxxxxx. If any purchase agreement and/or related transaction documents are entered into between the Company and the investors in the Offering, WestPark Xxxxxx will be entitled to rely on the representations, warranties, agreements and covenants of the Company contained in any such purchase agreement and related transaction documents as if such representations, warranties, agreements and covenants were made directly to WestPark Xxxxxx by the Company.