Common use of Survival of Representations and Warranties and Indemnification Clause in Contracts

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the Debentures. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT B (the "Indemnification Rider") to the January 25, 2000 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the Company.

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the DebenturesPreferred Stock. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25February 4, 2000 1998 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the Company.

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the DebenturesPreferred Stock. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25August 14, 2000 1998 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the CompanyCompany contained herein.

Survival of Representations and Warranties and Indemnification. The -------------------------------------------------------------- representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the DebenturesCommon Stock. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25May 15, 2000 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the CompanyCompany contained herein.

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company and the Placement Agent set forth in Section Sections 3 and 4 of this Agreement Agreement, respectively, shall survive the execution and delivery of the Debentures. The indemnification obligations of the Company and the Placement Agent as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25April 11, 2000 1997 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the CompanyCompany and the Placement Agent.

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the DebenturesCommon Stock. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25December 15, 2000 1999 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the Company.

Survival of Representations and Warranties and Indemnification. The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the DebenturesOffered Shares. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT Exhibit B (the "Indemnification Rider") to the January 25May 23, 2000 2001 --------- engagement letter between the Company and the Placement Offering Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the Company.