Common use of Capacity and Authority to Act Clause in Contracts

Capacity and Authority to Act. You and your officers, employees and agents are not authorized to make any representations concerning Tamarack or the Shares to Customers or prospective Customers, excepting only accurate communication of factual information contained in the then-current prospectus and statement of additional information or such other communications as may be expressly authorized by Tamarack. In performing your services under this Agreement, you shall act as agent for the Customer and shall have no authority to act as agent for Tamarack. Upon request by Tamarack, you shall provide Tamarack with copies of any materials which are generally circulated by you to your Customers or prospective Customers.