Common use of Term and Termination of Engagement; Exclusivity Clause in Contracts

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business days after the date hereof. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business 120 days after the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Rxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after on the receipt by either party hereto earlier of written (a) upon notice of termination; provided that no such notice may be given by from the Company to Rxxxxx, 9:00 am ET on August 25, 2016 in the event that the Company has not entered into definitive agreements with investors for a period an Offering by such time and (b) the Closing of 10 business days after such Offering (the date hereof“Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx Rxxxxx and will be deemed to have been contacted by Xxxxxxxxxx Rxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business days 18 months after the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities Securities, other than in connection with any potential Excluded Offering and (ii) the Company will not pursue any financing transaction transaction, other than any Excluded Offering, which would be in lieu of a an Offering. Furthermore, other than in connection with a potential Excluded Offering, the Company agrees that during Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering. Notwithstanding the foregoing, the Company may at its sole discretion terminate this Agreement if an Offering is not consummated within 60 days of the date hereof.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Xxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after on the receipt by either party hereto earlier of written (a) upon notice of termination; provided that no such notice may be given by from the Company to Xxxxxx, 9:00 am ET on May 20, 2016 in the event that the Company has not entered into definitive agreements with investors for a period an Offering by such time and (b) the Closing of 10 business days after such Offering (the date hereof“Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxXxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx Xxxxxx and will be deemed to have been contacted by Xxxxxxxxxx Xxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Wxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 10 business 30 days after the receipt by either party hereto effective date of written notice of termination; provided that no such notice may the Company’s registration statement on Form S-1 to be given by the Company for filed within a period of 10 business days reasonable time after the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Wxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxWxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Wxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx Wxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx Wxxxxxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business 30 days after the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Xxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Rxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business 45 days after the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, right of first refusal, tail, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx Rxxxxx and will be deemed to have been contacted by Xxxxxxxxxx Rxxxxx in connection with an Offering. During the Term and during any 3-month period following the consummation of any Offering, the Company shall not draw down on its existing Equity Distribution Agreements with Chardan Capital Markets, LLC and Maxim Group LLC.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Wxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto earlier of written notice the (i) consummation of termination; provided that no such notice may be given by the Company for a period of 10 business days after Offering and (ii) six months from the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, tail, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Wxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxWxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a the Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x Wxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an OfferingWxxxxxxxxx.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x exclusive engagement will begin on the date hereof and end 10 business days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business 90 days after the date hereofhereof (the "Term"). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x engagement hereunderthe Term: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities Securities, or shall refer any such potential purchasers to Xxxxxxxxxx and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx'x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering.

Term and Termination of Engagement; Exclusivity. The term (the "Term") of Xxxxxxxxxx'x Rxxxxx’x exclusive engagement will begin on the date hereof and end 10 business 90 days after the receipt by either party hereto of written notice of termination; provided that no such notice may be given by the Company for a period of 10 business days after following the date hereofhereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx'x Rxxxxx’x engagement hereunder, except as specifically set forth in this Agreement: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and Securities, (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering (other than a Offering. Furthermoreprivate placement, with no placement agent or investment banker, of equity or debt securities with existing shareholders of the Company agrees that during Xxxxxxxxxx'x engagement hereunderor the investors set forth on Schedule B), and (iii) all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx Rxxxxx and will be deemed to have been contacted by Xxxxxxxxxx Rxxxxx in connection with an Offering.