Common use of Position of the Agent Clause in Contracts

Position of the Agent. In acting under this Agreement and in connection with the sale of any Program Securities by the relevant Issuer (other than Program Securities sold to you pursuant to a Notes Terms Agreement, Units Terms Agreement or Warrants Terms Agreement, as the case may be), you are acting solely as agent of the relevant Issuer and do not assume any obligation towards or relationship of agency or trust with any purchaser of Program Securities. You shall make reasonable efforts to assist the relevant Issuer in obtaining performance by each purchaser whose offer to purchase Program Securities has been solicited by you and accepted by the relevant Issuer, but you shall not have any liability to the relevant Issuer in the event any such purchase is not consummated for any reason. If the relevant Issuer shall default in its obligations to deliver Program Securities to a purchaser whose offer it has accepted, the relevant Issuer shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummated.