Common use of Updated Work Plan Clause in Contracts

Updated Work Plan. The Updated Work Plan attached hereto as Schedule 2.1 which consists of: (i) the Work Plan dated August 2006, (ii) the Marketing Penetration Plan dated August 2006, and (iii) the August 2006 Annual Budget, all previously delivered to the Investors, have been prepared in good faith by the Company and to the best knowledge, information or belief of the Company do not contain any untrue statement of a material fact, nor are there any other material facts or matters of which the Company is aware which are reasonably likely to make the statements made therein misleading, except that with respect to projections and assumptions contained in the Updated Work Plan, the Company represents only that such projections and assumptions were prepared and/or made in good faith. The parties agree that such estimates and projections are not purely factual in nature, that the business of the Company is subject to certain risk factors and no assurance can be or is given that the assumptions are correct or that any of the forecasts, projections, expectations or transactions contemplated therein will be attained.

Updated Work Plan. The Updated Work Plan attached hereto as Schedule 2.1 which consists of: (i) the Work Plan dated August January 2006, (ii) the Marketing Penetration Plan dated August January 2006, and (iii) the August January 2006 Annual Budget, all previously delivered to the Investors, have been prepared in good faith by the Company and to the best knowledge, information or belief of the Company do not contain any untrue statement of a material fact, nor are there any other material facts or matters of which the Company is aware which are reasonably likely to make the statements made therein misleading, except that with respect to projections and assumptions contained in the Updated Work Plan, the Company represents only that such projections and assumptions were prepared and/or made in good faith. The parties agree that such estimates and projections are not purely factual in nature, that the business of the Company is subject to certain risk factors and no assurance can be or is given that the assumptions are correct or that any of the forecasts, projections, expectations or transactions contemplated therein will be attained.