Right to Employ. The Borrower agrees that the Administrative Agent shall have the right to employ on its behalf and on behalf of the Lenders, its own personnel, or one or more engineers, architects, environmental advisors, scientists, accountants, and attorneys to act as an advisor to the Administrative Agent and the Lenders in connection with the Loan (each of which shall be a “Lenders’ Consultant”).
Right to Employ. Lender shall have the right to employ its own personnel, or one or more engineers, architects, builders or other construction specialists, environmental advisors, scientists, accountants, and attorneys to act as an advisor to Lender in connection with the Loan (each of which shall be a Lender’s “Consultant”).
Right to Employ. Agent shall have the right to employ its own personnel, or engage one or more outside attorneys to act as an advisor to Agent in connection with the Loans (each of which shall be an “Agent’s Consultant” or a “Consultant”).
Right to Employ. In the event of default, Lender shall have the right to employ, for the below functions, its own personnel or other specialists, environmental advisors, accountants and attorneys to act as advisors to Lender in connection with the Loan (each of which shall be a “Consultant”).
Right to Employ. 4 5.2 FUNCTIONS.............................................................4 5.3 PAYMENT...............................................................4 5.4 ACCESS................................................................4 5.5
Right to Employ. 12 5.2 Functions....................................................... 12 5.3 Payment......................................................... 13 5.4 Access.......................................................... 13 5.5
Right to Employ. The Lender shall have the right to employ, its own personnel, or one or more engineers, architects, builders or other construction specialists, environmental advisors, scientists, accountants, and attorneys to act as an advisor to the Lender in connection with the Loan (each of which shall be a “Lender’s Consultant”). The Lender’s Consultants shall maintain appropriate liability insurance and shall not disclose any information obtained in connection with their work except as is necessary to discharge their duties or as required by law. The fees of Lender’s Consultants shall be paid by Lender unless Lender’s consultants are engaged to advise Lender in connection with a Default by Borrower under the Loan Documents in which even such fees shall be paid by Borrower.
Right to Employ. Lender shall have the right to employ its own Consultants. With respect to any Consultant retained by Lender after either (a) the occurrence of an Event of Default or (b) the occurrence of any Material Adverse Change, the costs and fees of the Consultants shall be paid by Borrower upon billing therefor. Borrower shall provide the Consultants with continuing access to all aspects of the Property and all books and records related thereto at reasonable times during the day and upon at least two (2) Business Day’s prior written notice to Borrower. Neither Lender nor any of the Consultants shall have liability to Borrower, Guarantor, or any third party, on account of (a) services performed by any Consultant, (b) any failure or neglect by any Consultant to properly perform services; or (c) any approval or disapproval of work, plans or other matters. Neither Lender nor any Consultant shall have any obligation regarding proper performance of work related to the Property. Borrower shall have no rights under or relating to any agreement, report, or similar document prepared by any Consultant for Lender.
Right to Employ. THE LRS ENGINEERING AND DEVELOPMENT GROUP -- --------------------------------------------------------- 1. Lightning Rod Software shall grant to Dialogic its full consent to interview and offer/enter into contracts and/or employment to members of the Lightning Rod Software's engineering group as mutually agreed by the parties. 2. Notwithstanding anything to the contrary contained herein, Dialogic will have no obligation to interview and/or offer contracts or employment to any such members and shall determine, in its sole and absolute discretion, which such members, if any, to interview and/or offer contracts and/or employment. LRS will terminate its relationship with such employees including consideration related to any benefits or compensation previously provided by LRS. Page 20 <PAGE> C. STRATEGIC AGREEMENT -- ------------------- 1. Dialogic and LRS shall negotiate to enter into a Superceding Definitive Agreement with respect to a strategic marketing agreement for the marketing and promotion of the Lightning Rod Software and LRS's professional support services with respect to the Lightning Rod Software, including: 1.1 Agreement to joint participation in certain trade shows and events. 1.2 Agreement to work together on marketing programs. 1.3 Agreement to share leads. 1.4 Agreement to cooperate on consulting service opportunities, including the Intel call center project, if applicable. 1.5 Agreement to joint meetings and efforts with CCSSD sales and marketing. 2. Such Superceding Definitive Agreement shall also include Dialogic's agreement to use reasonable efforts to identify PowerAgent Software in demos of the LRS Software for a period of one year. D. RESELLER AGREEMENT -- ------------------ 1. LRS and Dialogic shall negotiate to enter into a Superceding Definitive Agreement with respect to a non-exclusive reseller agreement for any upgrades/versions of the LRS Software as may be developed by Dialogic. E.