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 or owns 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 ...
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, 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 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. The Consultant represents and warrants to the Company that his acceptance of engagement by the Company hereunder does not violate and will not violate any contract or agreement to which the Consultant is a party and does not or will not result in a breach by the Consultant of any covenant of non-disclosure or any other covenant or agreements owed by the Consultant to any person, corporation or legal entity other than the Company. The Consultant shall indemnify and hold the Company harmless from any and all claims, suits, or causes of action arising from any contract, agreement, or covenant described herein to which the Consultant is a party. It is understood and agreed between the parties that the performance of Consulting Services as defined in this Agreement shall not be deemed to violate the applicable post-employment covenants contained within the Proprietary Information and Inventions Agreement executed by Consultant that remain in effect and binding as detailed in Paragraph 15 of the Release Agreement.
Consultant’s Representation. The Consultant represents to the Company that the Consultant’s execution and performance of this Agreement does not violate any agreement or obligation (whether or not written) that the Consultant has with or to any person or entity including, without limitation, any prior employer or any person or entity that has engaged him as a consultant.
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 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.
