Common use of Term; Exclusivity Clause in Contracts

Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five 5 business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months 30 days after the date hereof. During BrokerHCW’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with BrokerHCW, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during BrokerHCW’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker HCW and will be deemed to have been contacted by Broker HCW in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker HCW all fees earned and reimburse Broker HCW for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker HCW any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section Paragraph 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 six months after the date hereof. During Broker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a TransactionTransaction other than in coordination with Broker. Furthermore, the Company agrees that during Broker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.

Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s 's engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s 's engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement. Notwithstanding anything herein to the contrary, nothing contained herein shall preclude the Company from entering into or executing on any sort of production fund financing.

Term; Exclusivity. This non-exclusive engagement will commence on the date hereof and terminate five business days following the date on which the one party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this letter agreement.