Common use of Engagement Terms Clause in Contracts

Engagement Terms. Additional rights and obligations of the Company and the Placement Agents are contained in the Engagement Letters, which remains in full force and effect. This Agreement and the Engagement Letters shall be construed to be consistent with one another and effect shall be given to the provisions of each such contract to the fullest extent possible; provided that the Indemnification and Contribution provisions of Section 6 shall apply with respect to claims of the type specified in Section 6(a), instead of the provisions of the Indemnification Letter Agreement between the Company and X.X. Xxxxxxx & Sons, Inc. dated as of February 16, 2005. The Indemnification Letter Agreement shall apply to all other types of "Losses" defined therein, however.

Engagement Terms. Additional rights and obligations of the Company and the Placement Agents are contained in the Engagement Letters, which remains in full force and effect. This Agreement and the Engagement Letters shall be construed to be consistent with one another and effect shall be given to the provisions of each such contract to the fullest extent possible; provided that the Indemnification and Contribution provisions of Section 6 shall apply with respect to claims of the type specified in Section 6(a), instead of the provisions of the Indemnification Letter Agreement between the Company and X.X. Xxxxxxx & Sons, Inc. dated as of February 16, 2005. The Indemnification Letter Agreement shall apply to all other types of "“Losses" ” defined therein, however.