Common use of Independent Nature of Holders’ Obligations and Rights Clause in Contracts

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any other Transaction Document. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or hereunder. The decision of each Holder to purchase Shares pursuant to the Transaction Documents has been made independently of any other Transaction DocumentHolder. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction DocumentsAgreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction DocumentAgreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any other Transaction Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.. [Signature Page Follows]

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Documenthereunder. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group (including a “group” within the meaning of Section 13(d)(3) of the Exchange Act) or entity with respect to such obligations or the transactions contemplated by the Transaction Documents this Agreement or any other matters, and the Company acknowledges that the Holders are not acting in concert or as a group group, and the Company shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documentstransactions. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. The Company contained herein was solely in has elected to provide all Holders with the control of the Company, not the action or decision of any Holder, same terms and was done solely Agreement for the convenience of the Company and not because it was required or requested to do so by any of the Holders. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction Documenthereunder. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor acknowledges that no other Investor has acted as agent for such Investor in connection with making its investment hereunder and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the Shares or enforcing its rights under the Purchase Agreement or any of other agreement entered into in connection with the other the Transaction DocumentsPurchase Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder.********************

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, rights including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents. For reasons of administrative convenience only, each Holder and its respective counsel have chosen to communicate with the Company contained herein was solely in the control through Proskauer Rose LLP. Proskauer Rose LLP does not represent any of the Company, not Holders and only represents the action or decision of any Holder, Placement Agents. The Company has elected to provide all Holders with the same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction Documentthe Remediation Agreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Remediation Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction Documenthereunder. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an 17 4-29-2020 association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents this Agreement or any other matters, and the Company acknowledges that the Holders are not acting in concert or as a group group, and the Company shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documentstransactions. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder.. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders.  ********************  (Signature Pages Follow) 18 

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. For reasons of administrative convenience only, each Holder and its respective counsel have chosen to communicate with the Company contained herein was solely in the control through Grushko & Xxxxxxx, P.C. (“G&M”). G&M does not represent any of the Company, not Holders and only represents . The Company has elected to provide all Holders with the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction DocumentAncillary Agreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any other Ancillary Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Claim for such purpose. The use of a single agreement with respect to the obligations Parent acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.. [Signature Page Follows]

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction DocumentAgreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any other Transaction Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction Documentthe Stock Grant Agreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Stock Grant Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other HolderHolder or other Person, and no such Holder shall not be responsible in any way for the performance of the obligations of any other Holder Person under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any a Holder pursuant hereto or thereto, shall be deemed to constitute the Holders such Holder and any other Holder or other Person as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders such Holder and any other Person are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement the Transaction Documents and the Company acknowledges that to its knowledge no Holder is acting in concert or as a group with any of other Person, and the other Company will not assert any such claim, with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Holder confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Holder Person to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction Documenthereunder. Nothing contained herein or in any other Transaction Documentagreement or document delivered in connection with the Purchase Agreements, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents this Agreement or any other matters, and the Company acknowledges that the Holders are not acting in concert or as a group group, and the Company shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documentstransactions. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder.. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders.. ******************** (Signature Pages Follow)

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. For reasons of administrative convenience only, each Holder and its respective counsel have chosen to communicate with the Company contained herein was solely in the control through Grushko & Xxxxxxx, P.C. (“G&M”). G&M does not represent any of the Company, not Holders and only represents Alpha Capital Anstalt. The Company has elected to provide all Holders with the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents hereunder are several and not joint with the obligations of any other HolderHolder hereunder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or hereunder. The decision of each Holder to purchase Shares pursuant to the Transaction Documents has been made independently of any other Transaction DocumentHolder. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction DocumentsAgreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.. (Signature Pages Follow)

Independent Nature of Holders’ Obligations and Rights. The Company has elected to provide all Holders with the same terms and form of amendment, consent and waiver for the convenience of the Company and not because it was required or requested to do so by the Holders. The obligations of each Holder under this Agreement Amendment and the other any Transaction Documents are several and not joint with the obligations of any other HolderHolders hereunder or thereunder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement Amendment or any other Transaction DocumentDocuments. Nothing contained herein or in any other Transaction Documentagreement or document delivered at any closing, and no action taken by any Holder pursuant hereto thereto or theretohereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of and any other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use Each Holder has been represented by its own separate legal counsel in their review and negotiation of a single agreement with respect to this Amendment and the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any HolderTransaction Documents.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. The Company contained herein was solely in has elected to provide all Holders with the control of the Company, not the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. For reasons of administrative convenience only, each Holder and its respective counsel have chosen to communicate with the Company contained herein was solely in the control through EGS. EGS does not represent any of the Company, not Holders and only represents Hillair. The Company has elected to provide all Holders with the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other Transaction Documents are several and not joint with the obligations of any each other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction DocumentAgreement. Nothing contained herein or in any other Transaction Documentthe Remediation Agreement, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Remediation Agreement. Each Holder acknowledges that no other Holder will be acting as agent of the other the Transaction Documentssuch Holder in enforcing its rights under this Agreement. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Company acknowledges that each of the Company contained herein was solely in Holders has been provided with the control of the Company, not the action or decision of any Holder, and was done solely same Registration Rights Agreement for the convenience purpose of the Company closing a transaction with multiple Holders and not because it was required or requested to do so by any Holder.. [Signature Page Follows]

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding Proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. For reasons of administrative convenience only, each Holder and its respective counsel have chosen to communicate with the Company contained herein was solely in the control through EGS. EGS does not represent any of the Company, not Holders other than Sabby. The Company has elected to provide all Holders with the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderof the Holders.

Independent Nature of Holders’ Obligations and Rights. The Company has elected to provide all Holders with substantially the same terms and form of waiver for the convenience of the Company and not because it was required or requested to do so by the Holders. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Holder under this Agreement consent and waiver or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement consent and waiver or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, the rights arising out of this Agreement consent and waiver or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined jointed as an additional party in any proceeding for such purpose. The use Each Holder has been represented by its own separate legal counsel in their review and negotiation of a single agreement with respect to this Agreement and the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any HolderTransaction Documents.

Independent Nature of Holders’ Obligations and Rights. The obligations of each Holder under this Agreement and the other any Transaction Documents Document are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under this Agreement or any other Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Holder pursuant hereto or thereto, shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by the Transaction Documents or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any of the other the Transaction Documents. Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations Each Holder has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents. The Company contained herein was solely in has elected to provide all Holders with the control of the Company, not the action or decision of any Holder, same terms and was done solely Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any Holderthe Holders.