Common use of Equitable Considerations Clause in Contracts

Equitable Considerations. The Company and the Placement Agent ------------------------ agree that it would not be just and equitable if contribution pursuant to this Section 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No person committing fraudulent misrepresentation (within the meaning of Section 11(f) of the Act) shall be entitled to contribution or indemnification from any person not committing such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent ------------------------ agree that it would not be just and equitable if contribution pursuant to this Section 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No person committing fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution or indemnification from any person not committing such fraudulent misrepresentation.

Equitable Considerations. The Company and the Placement Agent ------------------------ agree that it would not be just and equitable if contribution pursuant to this Section 9 10 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No person committing fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution or indemnification from any person not committing such fraudulent misrepresentation.