Common use of Term; Exclusivity Clause in Contracts

Term; Exclusivity. The exclusive engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 months after the date hereof. During the Exclusive Term: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCW, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during HCW’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW and will be deemed to have been contacted by HCW in connection with a Transaction. Upon termination of this Agreement the Company shall pay to HCW all fees earned and reimburse HCW for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay HCW any fees specified in Paragraph 7 during the time limitations specified herein. The Company and HCW agree that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. The This non-exclusive engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date on which the one party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 months after the date hereof. During the Exclusive TermBroker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCWBroker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during HCWBroker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW Broker and will be deemed to have been contacted by HCW Broker in connection with a Transaction. Upon termination of this Agreement the Company shall pay to HCW Broker all fees earned and reimburse HCW Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay HCW Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company and HCW agree agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. The This exclusive engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 months after prior to April 15, 2014 (the date hereof“Term”). During the Exclusive TermB▇▇▇▇▇’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCWBroker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during HCWB▇▇▇▇▇’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW Broker and will be deemed to have been contacted by HCW B▇▇▇▇▇ in connection with a Transaction. Upon termination of this Agreement Agreement, the Company shall pay to HCW Broker all fees earned and reimburse HCW Broker for all expenses incurred, in accordance with Paragraphs Sections 7 and 8 hereof, respectively. The Company agrees to pay HCW Broker any fees specified in Paragraph Section 7 during the time limitations specified herein. The Company and HCW agree agrees that this section Section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. The exclusive This engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 months 60 days after the date hereof. This engagement is exclusive until May 31, 2020 (the “Exclusivity Period”) and non-exclusive thereafter. During Broker’s engagement hereunder during the Exclusive TermExclusivity Period: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCWBroker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction, provided however that sections (i) and (ii) of this sentence shall not apply to those Company contacts as noted in Exhibit “A” which the Company is permitted to contact related to Transactions. Those Company contacts noted in Exhibit “A” shall be exempt from the fees noted in Section (7). Furthermore, the Company agrees that during HCWBroker’s exclusive engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW Broker and will be deemed to have been contacted by HCW Broker in connection with a Transaction. Upon termination of this Agreement the Company shall pay to HCW Broker all fees earned and reimburse HCW Broker for all expenses incurred, in accordance with Paragraphs 7 7, as modified by this paragraph 3, and 8 hereof, respectively. The Company agrees to pay HCW Broker any fees specified in Paragraph 7 7, as modified by this paragraph 3, during the time limitations specified herein. The Company and HCW agree agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. The This exclusive engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 6 months after the date hereof. During the Exclusive TermB▇▇▇▇▇’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCWBroker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during HCWB▇▇▇▇▇’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW Broker and will be deemed to have been contacted by HCW B▇▇▇▇▇ in connection with a Transaction. Upon termination of this Agreement the Company shall pay to HCW Broker all fees earned and reimburse HCW Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay HCW Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company and HCW agree agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. The This exclusive engagement will commence on the date hereof and terminate five business days following the date hereof (the “Exclusive Term”). On the termination of the Exclusive Term, the non-exclusive engagement will commence and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 3 three (3) months after the date hereof. During the Exclusive TermBroker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with HCWBroker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during HCWBroker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to HCW Broker and will be deemed to have been contacted by HCW Broker in connection with a Transaction. Upon termination of this Agreement the Company shall pay to HCW Broker all fees earned and reimburse HCW Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay HCW Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company and HCW agree agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.