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

Independent Nature of Subscribers’ Obligations and Rights. The obligations of the Subscriber under this Agreement and any other documents delivered in connection herewith and therewith (collectively, the “Transaction Documents”) are several and not joint with the obligations of any other purchaser of Units, and the Subscriber is not responsible in any way for the performance of the obligations of any other purchaser of Units under any Transaction Document. The decision of the Subscriber to purchase Units pursuant to the Transaction Documents has been made by the Subscriber independently of any other purchaser of Units. Nothing contained herein or in any Transaction Document, and no action taken by any purchaser of Units pursuant thereto, shall be deemed to constitute such purchasers as a partnership, an association, a joint venture, or any other kind of entity, or create a presumption that the purchasers of Units are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Subscriber acknowledges that no other purchaser of Units has acted as agent for the Subscriber in connection with making its investment hereunder and that no other purchaser of Units will be acting as agent of the Subscriber in connection with monitoring its investment in the Units or enforcing its rights under the Transaction Documents. The Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the other Transaction Documents, and it shall not be necessary for any other purchaser of Units to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Subscribers’ Obligations and Rights. The obligations of the each Subscriber under this Agreement and any other documents delivered in connection herewith and therewith (collectively, the “Transaction Documents”) Document are several and not joint with the obligations of any other purchaser of UnitsSubscriber, and the no Subscriber is not shall be responsible in any way for the performance of the obligations of any other purchaser of Units Subscriber under any Transaction Document. The decision of the Subscriber to purchase Units pursuant to the Transaction Documents has been made by the Subscriber independently of any other purchaser of Units. Nothing contained herein or in any other Transaction Document, and no action taken by any purchaser of Units Subscriber pursuant hereto or thereto, shall be deemed to constitute such purchasers as the Subscribers as, and the Company acknowledges that the Subscribers do not so constitute, a partnership, an association, a joint venture, venture or any other kind of entity, or create a presumption that the purchasers of Units Subscribers are in any way acting in concert or as a group, and the Company will not assert any such claim with respect to such obligations or the transactions contemplated by the Transaction Documents and the Company acknowledges that the Subscribers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Company acknowledges and each Subscriber acknowledges confirms that no other purchaser of Units it has acted as agent for independently participated in the Subscriber in connection with making its investment hereunder and that no other purchaser of Units will be acting as agent negotiation of the Subscriber in connection transaction contemplated hereby with monitoring the advice of its investment in the Units or enforcing its rights under the Transaction Documentsown counsel and advisors. The Each Subscriber shall be entitled to independently protect and enforce its rights, including including, without limitation limitation, the rights arising out of this Agreement or out of the any other Transaction Documents, and it shall not be necessary for any other purchaser of Units Subscriber to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Subscribers’ Obligations and Rights. The obligations of the each Subscriber under this Agreement and any other documents delivered in connection herewith and therewith (collectively, the “Transaction Documents”) are several and not joint with the obligations of any other purchaser of UnitsSubscriber, and the no Subscriber is not shall be responsible in any way for the performance of the obligations of any other purchaser of Units Subscriber under any Transaction Documentthis Agreement. The decision of the each Subscriber to purchase Units Securities pursuant to the Transaction Documents this Agreement has been made by the such Subscriber independently of any other purchaser of UnitsSubscriber. Nothing contained herein or in any Transaction Documentherein, and no action taken by any purchaser of Units Subscriber pursuant thereto, shall be deemed to constitute such purchasers the Subscribers as a partnership, an association, a joint venture, venture or any other kind of entity, or create a presumption that the purchasers of Units Subscribers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documentsherein. The Each Subscriber acknowledges that no other purchaser of Units Subscriber has acted as agent for the such Subscriber in connection with making its investment hereunder and that no other purchaser of Units Subscriber will be acting as agent of the such Subscriber in connection with monitoring its investment in the Units Securities or enforcing its rights under the Transaction Documentsthis Agreement. The Each Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the other Transaction DocumentsAgreement, and it shall not be necessary for any other purchaser of Units Subscriber to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that each of the Subscribers has been provided with this same Agreement for the purpose of closing a transaction with multiple Subscribers and not because it was required or requested to do so by any Subscriber.

Independent Nature of Subscribers’ Obligations and Rights. The obligations of the Subscriber under this Agreement and any other documents delivered in connection herewith and therewith (collectively, the “Transaction Documents”) are several and not joint with the obligations of any other purchaser of UnitsShares, and the Subscriber is not responsible in any way for the performance of the obligations of any other purchaser of Units Shares under any Transaction Document. The decision of the Subscriber to purchase Units Shares pursuant to the Transaction Documents has been made by the Subscriber independently of any other purchaser of UnitsShares. Nothing contained herein or in any Transaction Document, and no action taken by any purchaser of Units Shares pursuant thereto, shall be deemed to constitute such purchasers as a partnership, an association, a joint venture, or any other kind of entity, or create a presumption that the purchasers of Units Shares are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Subscriber acknowledges that no other purchaser of Units Shares has acted as agent for the Subscriber in connection with making its investment hereunder and that no other purchaser of Units Shares will be acting as agent of the Subscriber in connection with monitoring its investment in the Units Shares or enforcing its rights under the Transaction Documents. The Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the other Transaction Documents, and it shall not be necessary for any other purchaser of Units Shares to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Subscribers’ Obligations and Rights. The obligations of the Subscriber under this Agreement and any other documents delivered in connection herewith and therewith (collectively, the “Transaction Documents”) are is several and not joint with the obligations of any Other Subscriber under any other purchaser of UnitsAgreement, and the Subscriber is shall not be responsible in any way for the performance of the obligations of any other purchaser of Units Other Subscriber under any Transaction Documentof the Agreements. The decision of the Subscriber to purchase Units Shares pursuant to the Transaction Documents this Agreement has been made by the such Subscriber independently of any other purchaser of UnitsOther Subscriber. Nothing contained herein or in any Transaction Documentof the other Agreements, and no action taken by any purchaser of Units Subscriber pursuant thereto, shall be deemed to constitute such purchasers the Subscribers as a partnership, an association, a joint venture, venture or any other kind of entity, or create a presumption that the purchasers of Units Subscribers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction DocumentsAgreements. The Subscriber acknowledges that no other purchaser of Units Other Subscriber has acted as agent for the Subscriber in connection with making its investment hereunder and that no other purchaser of Units Other Subscriber will be acting as agent of the Subscriber in connection with monitoring its investment in the Units Shares or enforcing its rights under the Transaction Documentsthis Agreement. The Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the other Transaction DocumentsAgreement, and it shall not be necessary for any other purchaser of Units Subscriber to be joined as an additional party in any proceeding for such purpose.