Common use of Exculpation Among Investors Clause in Contracts

Exculpation Among Investors. Each Investor acknowledges that the Investor is not relying upon any other Investor, or any officer, director, shareholder, employee, agent, partner or controlling person of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor, nor any officer, director, shareholder, employee, agent, partner or controlling person of any such other Investor, shall be liable for any action heretofore or thereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the Securities. Without limiting the foregoing, no Investor nor any of its any officers, directors, shareholders, employees, agents, partners or controlling persons or other holder of any Securities shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors thereof, and in turn provided to another Investor or holder, nor shall any such Investor have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder or to continue to provide any such information if any information is so provided.

Exculpation Among Investors. Each Investor acknowledges that the Investor it is not relying upon any other Investor, or any officer, director, shareholder, employee, agent, partner partner, or controlling person affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor, Investor nor any controlling person, officer, director, shareholderstockholder, employeepartner, agent, partner or controlling person employee of any such other Investor, Investor shall be liable for any action heretofore or thereafter hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the Securities, or both. Without limiting the foregoing, no Investor (nor any of its any affiliates, officers, directors, shareholdersstockholders, employeespartners, agents, partners or controlling persons employees) or other holder of any Securities shall have any obligation, liability liability, or responsibility whatsoever for the accuracy, completeness completeness, or fairness of any or all information about the Company or any subsidiary or their its respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel counsel, or auditors thereofof the Company, and in turn provided to another Investor or holder, nor shall any such Investor (or such other person) have any obligation or responsibility whatsoever to provide any such information to any other Investor (or such other person) or holder or to continue to provide any such information if any information is so provided.

Exculpation Among Investors. Each Investor acknowledges that the Investor it is not relying upon any other Investor, or any officer, director, shareholderstockholder, employee, agent, partner or controlling person Affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor, Investor nor any officer, director, shareholderstockholder, employee, agent, partner or controlling person Affiliate of any such other Investor, Investor shall be liable for any action heretofore or thereafter hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the SecuritiesShares, or both. Without limiting the foregoing, no Investor Investor, nor any of its any officers, directors, shareholdersstockholders, employeespartners, agentsemployees or agents of Affiliates, partners or controlling persons or other holder of any Securities Shares shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors thereofof either, and in turn provided to another Investor or holderholder of Shares, nor shall any such Investor or other Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Shares or to continue to provide any such information if any information is so provided.

Exculpation Among Investors. Each Investor acknowledges that the Investor it is not relying upon any other Investor, or any officer, director, shareholderstockholder, employee, agent, partner or controlling person affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor, Investor nor any officer, director, shareholderstockholder, employee, agent, partner or controlling person affiliate of any such other Investor, Investor shall be liable for any action heretofore or thereafter hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the SecuritiesSeries C Preferred, or both. Without limiting the foregoing, no Investor nor any of its any officers, directors, shareholdersstockholders, employeespartners, agentsemployees or agents of affiliates, partners or controlling persons or other holder of any Securities Series C Preferred shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors thereofof either, and in turn provided to another Investor or holderholder of Series C Preferred, nor shall any such Investor or other Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Series C Preferred or to continue to provide any such information if any information is so provided.

Exculpation Among Investors. Each Investor acknowledges that the Investor it is not relying upon any other Investor, or any officer, director, shareholderstockholder, employee, agent, partner or controlling person affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor, Investor nor any officer, director, shareholderstockholder, employee, agent, partner or controlling person affiliate of any such other Investor, Investor shall be liable for any action heretofore taken before or thereafter taken after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Company Notes or the SecuritiesWarrant, or any of them. Without limiting the foregoing, no Investor nor any of its any officers, directors, shareholdersstockholders, employeespartners, agentsemployees or agents of affiliates, partners or controlling persons or other holder of any Securities securities of Company shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective its properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective its officers, directors, employees, agents, representatives, counsel or auditors thereofauditors, and in turn provided to another Investor or holderholder of securities, nor shall any such Investor or other person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of securities or to continue to provide any such information if any information is so provided.