Performance by Consultant Sample Clauses

Performance by Consultant. Consultant shall be deemed to have earned its entire fee under Section 1.4.a.ii upon, (i) Consultant's introduction of any bona fide potential acquirer or seller of assets or merger candidate or, (ii) upon materially assisting Client with merger, acquisition and/or divestiture efforts for an introduced or non-introduced merger, acquisition and/or divestiture candidate and, (iii) the consummation of the merger, acquisition, and/or divestiture by Client within 12 months from the date of such introduction or effort. Consultant shall be entitled to receive a fee (as described in paragraph 1.4.a.ii., below) for each merger, acquisition and/or divestiture by the Client. Each such obligation of Client to pay such fee shall be deemed a separate agreement hereunder severable from each of the other obligations to pay fees arising hereunder and each obligation shall be separately enforceable as if separate written agreements existed for each introduction and/or effort made by Consultant.

Performance by Consultant. 4.1 Consultant shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of Client. Any such delegation or subcontracting without Client’s prior written consent shall be voidable at Client’s option. 4.2 No delegation of subcontracting of performance of any of the Services, with or without Client’s prior written consent, shall relieve Consultant of its responsibility to perform the Services in accordance with this Agreement. Consultant shall be fully responsible for the performance, acts and other omissions of Consultant’s employees, Consultant’s subcontractors and any other person who furnishes any services (collectively, the “Support”). 4.3 Consultant shall at all times be an independent contractor and not an agent or representative of Client with regard to performance of Services. Consultant shall not represent that it is, or hold itself out as, an agent or representative of Client. In no event shall Consultant be authorized to enter into any agreement or undertaking for or on behalf of Client. 4.4 Consultant shall perform the Services in a timely manner and in accordance with the standards of the profession. At the time of performance, Consultant shall be properly licensed, equipped, organized, and financed to perform the Services in accordance with this Agreement. Subject to compliance with the requirements of this Agreement, Consultant shall perform the Services in accordance with its own methods. 4.5 Consultant shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services.

Performance by Consultant. Consultant agrees to provide consulting services (the "Services") relative to investor and public relations. Consultant will provide communication services relative to SGI shareholders and debt holders. The Services shall also include, but not be limited to, advice, assistance, and information supplied by Consultant, or developed with the use of any of Consultant's information, equipment, personnel, goods or facilities.

Performance by Consultant. The Consultant agrees to provide consulting services (the "Services") specified in the Statement of Work attached hereto as Exhibit A.

Performance by Consultant. Consultant agrees to provide consulting services (the "Services") to Company as directed by its Chief Executive Officer. Services shall include, but not be limited to, advice, assistance, and information supplied by Consultant, or developed with the use of any of Consultant's information, equipment, personnel, goods or facilities pertaining to the Company's activities.

Performance by Consultant. Consultant agrees to provide management consulting services to Client as may be necessary to completely discharge the duties of the offices of President and Chief Executive Officer for PurchaseSoft, Inc. Consultant agrees to spend his time on the affairs of the Company to the extent necessary to discharge the responsibilities attendant to these offices, to use his reasonable best efforts to perform faithfully and efficiently such responsibilities.

Performance by Consultant. Consultant agrees to provide consulting services (the "Services") relating to the development of the OCET Technology. Such Services will include consultation relative to the performance, data, measurement, analysis, and recommendations as to the development and improvement of the OCET Technology. The Services shall also include, but not be limited to, advice, assistance, and information supplied by Consultant, or developed with the use of any of Consultant's information, equipment, personnel, goods or facilities. The specific tasks will be agreed to in writing by ▇▇. ▇▇▇▇▇▇ Esztergar or Dr.

Performance by Consultant. 3.1 Consultant is an independent contractor, not an employee or agent, of Company. Without limitation of the foregoing, Consultant will: (a) not enter into any contract, agreement or other commitment, or incur any obligation or liability, in the name or otherwise on behalf of Company; (b) not be entitled to any worker’s compensation, pension, retirement, insurance or other benefits afforded to employees of Company; (c) provide for all federal income tax and other withholding relating to Consultant’s compensation; (d) pay all social security, unemployment and other employer taxes relating to Consultant’s employment or compensation; (e) provide all worker’s compensation and other insurance relating to Consultant’s employment; and (f) perform all reporting, recordkeeping, administrative and similar functions relating to Consultant’s employment or compensation. 3.2 Consultant will not subcontract or otherwise delegate performance of any Services without the prior written consent of Company. 3.3 Consultant will perform the Services in an efficient, expeditious, professional, and skillful manner. In performance of the Services and this Agreement, Consultant will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other governmental requirements (including, but not limited to, any such requirements imposed upon Company with respect to the Services). 3.4 In connection with the Services or this Agreement, Company may disclose to Consultant certain information that is confidential, proprietary or trade secret information of Company or others. Consultant will not disclose, use, or publish any such information, except as required to perform the Services in accordance with this Agreement or as otherwise authorized by Company in writing. Consultant will take appropriate steps to protect against any unauthorized disclosure, use or publication of any such information.

Performance by Consultant. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.