Disclaimer of Responsibility for Acts of the Company. The obligations of the Consultant described in this Agreement consist solely of the furnishing of information and advice to the Company. In no event shall the Consultant be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company, and the Consultant shall not represent to any third party that it acts as agent for or otherwise has the authority to make decisions for the Company. All final decisions with respect to acts of the Company or its subsidiaries or affiliates, whether or not made pursuant to or in reliance on information or advice furnished by Consultants hereunder, shall be those of the Company or such subsidiary or affiliates, and the Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decision.
Disclaimer of Responsibility for Acts of the Company. The obligations of the Consultant described in this Agreement consist solely of the furnishing of information and advice to the Company. In no event shall Consultant be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. All final decisions with respect to acts of the Company or its subsidiaries or affiliates, whether or not made pursuant to or in reliance on information or advice furnished by Consultant hereunder, shall be those of the Company or such subsidiary or affiliates, and the Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decision. Consultant shall, however, be bound by the obligations of Confidentiality as agreed to in the Confidentiality Agreement (the “CDA”) between the parties executed on August 18, 2007 which is hereby incorporated in its entirety as part of this Agreement. Such confidentiality includes, but is not limited to, Company disclosures regarding proprietary technology, business relationships and objectives, financial prospects and objectives, as well as any non-public Company information whether written, electronic or verbally disclosed to Consultant. In the event of any conflicts between this Agreement and the CDA, the terms of this Agreement shall prevail.
Disclaimer of Responsibility for Acts of the Company. The obligations of the Consultant described in this Agreement consist solely of the furnishing of information and advice to the Company. In no event shall the Consultant be permitted or required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. Consultant is, and to be considered an Independent Contractor of the Company. All final decisions with respect to acts of the Company, its subsidiaries or its affiliates, whether or not made pursuant to or in reliance on information or advice furnished by the Consultant hereunder, shall be those of the Company or such subsidiaries or affiliates.
Disclaimer of Responsibility for Acts of the Company. The obligations of Consultant described in this Agreement consist solely of Financial Services to the Company. In no event shall Consultant be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. All final decisions with respect to acts of the Company or its affiliates, whether or not made pursuant to or in reliance on information or advice furnished by Consultant hereunder, shall be those of the Company or such affiliates and Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions.
Disclaimer of Responsibility for Acts of the Company. The obligations of the Consultant described in this Agreement consist solely of the furnishing of information and advice to the Company in the form of suggestions and services. In no event shall Consultant be required to act in behalf of, or as an agent for, or represent or make management decisions for the Company, nor shall Consultant do so. All final decisions with respect to acts and omissions of the Company or any affiliates and subsidiaries, shall be solely those of the Company or such affiliates and subsidiaries, and Consultant shall under no circumstances be liable for any direct or indirect expense or cost incurred, or loss suffered, by the Company, its shareholders, or any other entity or party as a consequence of such acts or omissions, and Company shall so indemnify Consultant from any and all such expense, cost and liability.
Disclaimer of Responsibility for Acts of the Company. In no event shall Consultant be authorized or required by this Agreement to represent or make management decisions for the Company. Consultant shall, under no circumstances, be made liable for any expense incurred or loss suffered by the Company as a consequence of such decisions by the Company or any affiliates or subsidiaries of the Company as a result of services performed by Consultant hereunder. CONSULTANT DISCLAIMS ANY AND ALL WARRANTIES RESPECTING THE SERVICES AND ACTIVITIES, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR OTHERWISE RELATING TO THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, HOWEVER CAUSED, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF LIKLIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL CONSULTANT’S LIABILITY FOR DAMAGES UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF HOW ARISING, EXCEED THE AMOUNT OF CASH COMPENSATION PAID TO CONSULTANT HEREUNDER.
Disclaimer of Responsibility for Acts of the Company. The obligations of the Consultant described in this Agreement consist solely of the furnishing of information and advice to the Company. In no event shall the Consultant be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. All final decisions with respect to acts of the Company, its subsidiaries or its affiliates, whether or not made pursuant to or in reliance on information or advice furnished by the Consultant hereunder, shall be those of the Company or such subsidiaries or affiliates and the Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions. Since the Consultant will be acting on behalf of the Company in connection with its engagement hereunder, the Company and the Consultant have entered into a separate indemnification agreement substantially in the form attached hereto as Exhibit A and dated the date hereof, providing for the indemnification of the Consultant by the Company. The Consultant has entered into this Agreement in reliance on the indemnities set forth in such indemnification agreement.
Disclaimer of Responsibility for Acts of the Company. The obligations of Advisor described in this Agreement consist solely of providing Financial Services to the Company. In no event shall Advisor be required by this Agreement to otherwise to represent or make decisions for the Company. The Company hereby acknowledges that Advisor is not a fiduciary of the Company. All final decisions with respect to acts of the Company or its affiliates, whether or not made pursuant to or in reliance upon information or advice furnished by Advisor hereunder, shall be those of the Company or such affiliates, and Advisor shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions.
Disclaimer of Responsibility for Acts of the Company. In rendering Consultant's services under this Agreement, Consultant shall act as an independent contractor, and in no event shall Consultant act as the agent of the Company. All final decisions with respect to acts of the Company, its subsidiaries or its affiliates, whether or not made pursuant to or in reliance on information or advice furnished by Consultant hereunder, shall be those of the Company or such subsidiaries or affiliates, and Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions.
Disclaimer of Responsibility for Acts of the Company. The obligations of Xxxxxx described in this Agreement consist solely of Financial Services to the Company. In no event shall Xxxxxx be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. The Company hereby acknowledges that Xxxxxx is not a fiduciary of the Company. All final decisions with respect to acts of the Company or its affiliates, whether or not made pursuant to or in reliance upon information or advice furnished by Xxxxxx hereunder, shall be those of the Company or such affiliates, and Xxxxxx shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions.
