Consultant’s Representation. Consultant represents that it and including its employees have the requisite education, expertise, experience and skills and knowledge to render the desired Services and Consultant shall perform the Services in a competent and efficient manner. Consultant shall abide by all laws, rules and regulations that apply to the performance of the Services.
Consultant’s Representation. The parties may call upon professional and lay consultants to assist in preparing for all negotiations. The expense of such consultants shall be borne by the party requesting them. Representation shall be three (3) to five (5) representatives each for the Board and the Association, with no less than three (3) members from each team present. Neither party in any negotiations shall have control over the selection of the negotiating or bargaining representative of the other party.
Consultant’s Representation. Consultant (on its own behalf and on behalf of any and all related parties, affiliates, owners, members, employees, officers, and directors) agrees it (and such persons) will comply with all laws, rules and regulations related to the activities on behalf of the Client contemplated pursuant to this Agreement. Consultant shall provide a prominent notice on all newsletters and websites/webcasts/interview materials and other communications with investors or prospective investors in which Consultant may be reasonably deemed to be giving advice or making a recommendation that Consultant has been compensated for its services and, if applicable, received stock of the Client (directly or indirectly) specifically referencing Client by name and the number of shares received (directly or indirectly) and will profit from its promotional activities for Client, including the number of shares and whether it has or will be making sales during any period. Consultant agrees that it will not conceal at any time if it will, directly or indirectly, be selling shares while promoting the stock and recommending that investors purchase the stock of Client. Consultant covenants and agrees that it will at all times engage in acts, practices and courses of business that comply with Section 17(a) and (b) of the Securities Act of 1933, as amended, as well as Section 10(b) of the Securities Exchange Act of 1934, as amended, and has adopted policies and procedures adequate to assure all of Consultant’s personnel are aware of the limitation on their activities, and the disclosure obligations, imposed by such laws and the rules and regulations promulgated thereunder. Consultant is aware that the federal securities laws restrict trading in the Client securities while in possession of material non-public information concerning the Client as well as the Requirements of Regulation FD that prohibit communications of material non public information, and the requirements thereof in the event of an unintentional or inadvertent non public disclosure. Consultant agrees to immediately inform Client in the event that an actual or potential Regulation FD disclosure has occurred and assist counsel in the method by which corrective steps should be taken. Consultant acknowledges that with respect to any Client securities now or at any time hereafter beneficially owned by Consultant or any of its affiliates, that it will refrain from trading in the Client’s securities while he or any such affiliate is in po...
Consultant’s Representation. The Consultant is not an expert on, and cannot render opinions regarding legal, accounting, regulatory, or tax matters. The Company should consult with its other professional consultants concerning these matters before undertaking any transaction. All services, advice and information and reports provided by the Consultant to the Company in connection with this Engagement shall be for the sole benefit of the Company and shall not be relied upon by any other person.
Consultant’s Representation. Consultant represents and warrants to National Beef that neither the execution nor delivery of this Agreement, nor the performance of Consultant’s obligations hereunder will conflict with, or result in a breach of, any term, condition, or provision of, or constitute a default under, any obligation, contract, agreement, covenant or instrument to which Consultant is a party or under which Consultant is bound, including without limitation, the breach by Consultant of a fiduciary duty to any former employer.
Consultant’s Representation. Consultant represents, warrants and covenants to XStream that Consultant is not bound, nor will Consultant become bound, by any covenant, contract, agreement or other obligation that may or does prevent Consultant in any manner from (i) performing Consultant’s duties as Chairman of XStream’s Scientific Advisory Board, and/or (ii) fulfilling Consultant’s obligations pursuant to this Agreement.
Consultant’s Representation. Consultant hereby represents that there are no binding agreements to which the Consultant is a party or by which the Consultant is bound, forbidding or restricting the performance of the Services hereunder. In addition, the Consultant consents to the Consultant being named as a consultant in various reports, brochures or other documents produced by or on behalf of the Company, including documents filed with the Securities and Exchange Commission and/or the Food and Drug Administration.
Consultant’s Representation. Consultant represents and warrants that he is free to enter into this Agreement and to perform each of the terms and covenants of it. He further represents that he has been advised by legal counsel as to the terms and provisions hereof and the effort thereof and fully understands the consequences thereof.
Consultant’s Representation. Consultant represents and warrants that (i) he has the right, power, and authority to enter into this Agreement and to perform his obligations hereunder, (ii) the services performed by Consultant hereunder will be of professional quality, consistent with generally accepted industry standards and expectations for work of a similar nature and (iii) Consultant shall comply with all existing and future laws, rules, and regulations relating to or affecting this Agreement or the work to be performed by Consultant hereunder.
Consultant’s Representation. The Consultant represents and warrants that he: (i) has read this Agreement; (ii) understands all the terms and conditions hereof; (iii) has entered into this Agreement of his own free will and volition; (iv) has been advised by the Company to seek and has, to the extent the Consultant has deemed necessary, received the advice of counsel of the Consultant’s own selection; (v) has the legal ability to perform the Services in the United States; (vi) has the requisite skill, training and experience to perform the Services; and (vii) agrees that the terms of this Agreement are fair, reasonable and are being agreed to voluntarily in exchange for the Consultant’s engagement by the Company to perform the Services. Consultant further represents and warrants that Consultant has not been debarred pursuant to the Federal Food, Drug and Cosmetic Act (“FDCA”) or excluded from participating in a federal health care program, including without limitation the Medicare or Medicaid programs. Moreover, if Consultant is subsequently debarred under the FDCA or excluded from a federal health care program, Consultant agrees immediately to notify the Company of such action.
