Common use of Services Excluded Clause in Contracts

Services Excluded. The parties may specifically exclude certain services from the operation of this Agreement by written addendum hereto and acknowledge and agree that the following items are not intended to be included among the services to be provided by WCC: 2.8.1. WCC agrees that neither it or any affiliate or fund with which it is associated is or shall be a market-maker, dealer or underwriter of any of the Company's securities (but may be a placement agent by other "Selling Agreement" from time to time) in the Company's securities; 2.8.2. Any payments made herein to WCC are not, and shall not be construed as, compensation to WCC for the purposes of making a market, to cover WCC out-of-pocket expenses for making a market, or for the submission by WCC of an application to make a market in any of the Company's securities; 2.8.3. No payment made herein to WCC are for the purpose of affecting the price of any security or influencing any market-making functions, including but not limited to bid/ask quotations, initiation and termination of quotations, retail securities activities, or for the submission of any application to make a market. 2.8.4. It is understood and agreed that in performing any of the services contemplated by this Agreement, WCC shall not be taken to be rendering any legal opinions or any work that is in the ordinary purview of a Certified Public Accountant or of a licensed NASD broker/dealer.

Services Excluded. The parties may specifically exclude certain services from the operation : of this Agreement by written addendum hereto and acknowledge and agree that the following items are not intended to be included among the services to be provided by WCC: 2.8.1. 2.8.1 WCC agrees that neither it or any affiliate or fund with which it is associated is or shall be a market-maker, dealer or underwriter of any of the Company's securities (but may be a placement agent by other "Selling Agreement" from time to time) in the Company's securities; 2.8.2. 2.8.2 Any payments made herein to WCC are not, and shall not be construed as, compensation to WCC for the purposes of making a market, to cover WCC out-of-pocket expenses for making a market, or for the submission by WCC of an application to make a market in any of the Company's securities; 2.8.3. 2.8.3 No payment made herein to WCC are for the purpose of affecting the price of any security or influencing any market-making functions, including but not limited to bid/ask quotations, ; initiation and termination of quotations, retail securities activities, or for the submission of any application to make a market. 2.8.4. 2.8.4 It is understood and agreed that in performing any of the services contemplated by this Agreement, WCC shall not be taken to be rendering any legal opinions or any work that is in the ordinary purview of a Certified Public Accountant or of a licensed NASD broker/dealer.