Common use of RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY Clause in Contracts

RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY. It is expressly understood and agreed that, with respect to this Agreement and the transactions contemplated hereby, as between themselves, Participant and the Company each hereby acknowledge and agree that Participant is participating in the ownership of the Loans and the Acquired Collateral and Participant and the Company are not investing in a common enterprise or partnership with each other. Each of the Company and Participant acknowledges that it shall occupy the status of, act as and be considered independent contractors and neither shall in any event be considered an agent, creditor, partner or employee of the other, it being the intent of the parties that this Agreement shall not constitute nor be construed to create a partnership or joint venture of any kind between Participant and the Company.

RELATIONSHIP BETWEEN PARTICIPANT AND THE COMPANY. It is expressly understood and agreed that, with respect to this Agreement and the transactions contemplated hereby, as between themselves, Participant and the Company each hereby acknowledge and agree that Participant is participating in the ownership of the Loans and the Acquired Collateral and Participant and the Company are not investing in a common enterprise or partnership with each other. Each of the Company and Participant acknowledges that it shall occupy the status of, act as and be considered independent contractors and neither shall in any event be considered an agent, creditor, partner or employee of the other, it being the intent of the parties Parties that this Agreement shall not constitute nor be construed to create a partnership or joint venture of any kind between Participant and the Company.