Common use of Services of the Consultant Clause in Contracts

Services of the Consultant. The Consultant hereby agrees that during the term of this Agreement, it shall render to the Companies by and through its officers, employees, agents, representatives and affiliates as the Consultant, in its sole discretion, shall designate from time to time, advisory and consulting services in relation to the affairs of the Companies in connection with strategic financial planning, and other services not referred to in the next sentence including, without limitation, advisory and consulting services in relation to the selection, supervision and retention of independent auditors, the selection, retention and supervision of outside legal counsel, and the selection, retention and supervision of investment bankers or other financial advisors or consultants. It is expressly agreed that the services to be performed under this Paragraph 2 shall not include investment banking or other financial advisory services rendered by the Consultant to the Companies in connection with acquisitions and divestitures by any of the Companies, refinancings, initial public offerings, sales of stock by the Company, or a transaction that constitutes a Sale of the Company under that certain Stockholders Agreement, dated as of March 14, 1997, by and among Holdings, an affiliate of the Consultant, and certain other parties (the "Stockholders Agreement"); if any such services are rendered, the Consultant shall be entitled to receive additional compensation for such services.

Services of the Consultant. The Consultant hereby agrees that during the term of this Agreement, it shall render to the Companies by and through its officers, employees, agents, representatives and affiliates as the Consultant, in its sole discretion, shall designate from time to time, advisory and consulting services in relation to the affairs of the Companies in connection with strategic financial planning, and other services not referred to in the next sentence including, without limitation, advisory and consulting services in relation to the selection, supervision and retention of independent auditors, the selection, retention and supervision of outside legal counsel, and the selection, retention and supervision of investment bankers or other financial advisors or consultants. It is expressly agreed that the services to be performed under this Paragraph 2 shall not include investment banking or other financial advisory services rendered by the Consultant to the Companies in connection with acquisitions and divestitures by any of the Companies, refinancings, initial public offerings, sales of stock by the Company, or a transaction that constitutes a Sale of the Company under that certain Stockholders Agreement, dated as of March 14, 1997, by and among Holdings, an affiliate of the Consultant, and certain other parties (the "Stockholders AgreementSTOCKHOLDERS AGREEMENT"); if any such services are rendered, the Consultant shall be entitled to receive additional compensation for such services.