Common use of Independent Nature of Buyers’ Obligations and Rights Clause in Contracts

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of the Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants under any agreement contemplated hereby. Nothing contained herein or in any other agreement, and no action taken by the Holder pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder confirms that the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other agreement contemplated hereby, and it shall not be necessary for any other holder of Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of the Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants under this Agreement or any agreement contemplated hereby. Nothing contained herein or in any other agreement, and no action taken by the Holder pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder confirms that the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other agreement contemplated hereby, and it shall not be necessary for any other holder of Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants Buyer under the Transaction Documents are several and not joint with the obligations of any other third party purchase or the Holder, Company’s securities under any other agreement between such third party purchaser and the Holder Company. Buyer shall not be responsible in any way for the performance of the obligations of any other holder third party purchaser of Series A September 2021 Warrants the Company’s securities under any agreement contemplated herebysuch other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement has been made by the Buyer independently of any other third party purchaser of the Company’s securities. Nothing contained herein or in any other agreementTransaction Document, and no action taken by the Holder Buyer pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders Buyer and any third party purchaser of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (’s securities as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group entity or entitygroup, or create a presumption that they the Buyer and any third party purchaser of the Company’s securities are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder Buyer acknowledges that no other holder third party purchaser of Series A September 2021 Warrants the Company’s securities has acted as agent for the Holder Buyer in connection with the Holder making its entering into this Agreement investment hereunder and that no other holder third party purchaser of Series A September 2021 Warrants the Company’s securities will be acting as agent of the Holder Buyer in connection with monitoring the Holder’s its investment in the Exercised Warrants or Exercised Warrant Common Shares or enforcing its rights under this Agreement or any other agreement contemplated herebythe Transaction Documents. The Company and the Holder Buyer confirms that the Holder it has independently participated with the Company and its subsidiaries in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. The Holder Buyer shall be entitled to independently protect and enforce its rights, rights (including, without limitation, the rights arising out of this Agreement or out of any the other agreement contemplated herebyTransaction Documents), and it shall not be necessary for any other holder third party purchaser of Series A September 2021 Warrants the Company’s securities to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Company, not the action or decision of the Buyer, and would be solely for the convenience of the Company and not because it was required or requested to do so by the Buyer or any such third party purchaser. For clarification purposes only and without implication that the contrary would otherwise be true, the transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants Investor hereunder are several and not joint with the obligations of the Holderany other Investor, and the Holder no Investor shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants under Investor hereunder or for any agreement contemplated herebyother Investor's representations or warranties hereunder. Nothing contained herein or in any other agreementherein, and no action taken by the Holder any Investor pursuant hereto or theretohereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (Investors as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they the Investors are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder Each Investor confirms that the Holder it has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Holder Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other agreement contemplated herebyAgreement, and it shall not be necessary for any other holder of Series A September 2021 Warrants Investor to be joined as an additional party in any proceeding for such purpose.. [Signature page follows] The parties hereto have executed this Agreement as of the date first set forth above. COMPANY BROADVISION, INC. By: /s/ XXXXXX XXXX Name: Xxxxxx Xxxx Title: President and Chief Executive Officer From and after the effective time of the Transaction, Merger Sub hereby guarantees the full and timely payment and performance by the Company of all of its obligations hereunder. BRAVO MERGER SUB, LLC By: /s/ XXXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxxx Xxxxxxxxx Title: Chief Executive Officer INVESTORS Portside Growth & Opportunity Fund By: /s/ XXXX XXXXX Name: Xxxx Xxxxx Title: Authorized Signatory SF CAPITAL PARTNERS LTD. By: Name: Title: MANCHESTER SECURITIES CORP. By: Name: Title: KINGS ROAD INVESTMENTS LTD. By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Co-head, Private Investments PROVIDENT PREMIER MASTER FUND, LTD. By: Name: Title: EXHIBIT A TO NOTEHOLDERS AGREEMENT The "Transaction" as used this Agreement shall mean a series of transactions whereby: