Waiver of Conflict of Interest. The Company and each Member are not represented by separate counsel; provided, however, in connection with the formation of the Company and the drafting and negotiation of this Agreement, (i) Paladin (and not the Company or any Xxxxxxx Member) has been represented separately by King & Spalding LLP and (ii) the Xxxxxxx Members (and not the Company or Paladin) has been represented separately by White Xxxx Xxxxxx March Xxxxxxx & Weisenfels, a Professional Corporation. The attorneys, accountants and other experts who perform services for any Member may also perform services for the Company. To the extent that the foregoing representation constitutes a conflict of interest, the Company and each Member hereby expressly waive any such conflict of interest.
Waiver of Conflict of Interest. The parties acknowledge that, notwithstanding Employee's use of Employer's attorneys for personal legal matters unrelated to this Agreement, the Employer may continue to use the legal counsel of its choice in connection with the resolution of any disputes between the parties hereto without such representation constituting an improper or ethical conflict of interest.
Waiver of Conflict of Interest. EACH OF THE MEMBERS HAS BEEN REPRESENTED BY SEPARATE COUNSEL IN CONNECTION WITH THIS AGREEMENT AND THE ANCILLARY AGREEMENTS. SUCH COUNSEL HAS NOT REPRESENTED THE COMPANY PRIOR TO THE EFFECTIVE DATE. THE ATTORNEYS, ACCOUNTANTS AND OTHER EXPERTS WHO HAVE PERFORMED SERVICES FOR THE MEMBERS IN THE PAST MAY PERFORM SERVICES FOR THE COMPANY AND MAY CONTINUE TO ALSO PERFORM SERVICES FOR THE SEPARATE MEMBERS IN THE FUTURE. TO THE EXTENT THAT SUCH DUAL REPRESENTATION CONSTITUTES A CONFLICT OF INTEREST, THE COMPANY AND THE MEMBERS HEREBY EXPRESSLY WAIVE ANY SUCH CONFLICT OF INTEREST WITH RESPECT TO ANY SUCH DUAL REPRESENTATION RELATIVE TO THE NEGOTIATION AND EXECUTION OF THIS AGREEMENT AND THE ANCILLARY AGREEMENTS.
Waiver of Conflict of Interest. The Company is not represented by separate counsel; provided, however, in connection with the formation of the Company and the drafting and negotiation of this Agreement, JV Member and the Company (and not KBS) have been represented by Glast, Xxxxxxxx & Xxxxxx, P.C., Attention, Xxx X. Xxxx, and KBS (and not JV Member or the Company) has been represented by Xxxxxxxxx Xxxxxxx, LLP, Attention, Xxxxx Xxxxxxxxx. To the extent that the foregoing representation constitutes a conflict of interest, the Company and each Member hereby expressly waive any such conflict of interest. Upon creation of the Company, the Company shall only be represented by counsel in accordance with Section 2.02(i) above.
Waiver of Conflict of Interest. 5.8.1 Where the circumstances of a conflict of interest are unlikely to have an impact on the interests of another Member or the University, the Xxxxxxx may, on behalf of the University, waive a conflict between the University’s interest and the Member who has the conflict of interest. When a conflict of interest has been waived under this Article, the conflict of interest is deemed to no longer exist.
5.8.2 Examples of where it may be appropriate for a Xxxxxxx to waive a conflict of interest on behalf of the University include circumstances where the conflict of interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the Member.
Waiver of Conflict of Interest. Each Investor and the Company ------------------------------ is aware that Fenwick & West LLP ("F&W") may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to F&W's representation of the Company. In connection with its Investor representation, F&W may have obtained confidential information of such Investors that could be material to F&W's representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&W, may invest as an Investor under the terms of this Agreement. By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable, waives any potential conflict of interest arising out of such representation or such possession of confidential information and consents to the investment by F&W Investments 2000. Each Investor and the Company further represents that it has had the opportunity to be, or has been, represented by independent counsel in giving the waivers contained in this Section 8.10.
Waiver of Conflict of Interest. 5.8.1 Where the circumstances of a conflict of interest are unlikely to have an impact on the interests of another Member or the Employer, the Xxxxxxx may, on behalf of the Employer, waive a conflict between the Employer’s interest and the Member who has the conflict of interest. When a conflict of interest has been waived under this Article, the conflict of interest is deemed to no longer exist.
5.8.2 Examples of where it may be appropriate for a Xxxxxxx to waive a conflict of interest on behalf of the Employer include circumstances where the conflict of interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the Member.
Waiver of Conflict of Interest. You understand that you are jointly engaging the services of QDRO Pros. In order for QDRO Pros to provide this service, each of you must agree to such joint engagement. This is necessary because there is a possibility that a conflict could occur. For example, you could take differing positions on issues pertaining to the QDRO. By way of your signature on this Fee Agreement, you waive all conflicts of interest. Please note that should an actual conflict of interest arise, in terms of a dispute between you or otherwise, we are precluded from taking sides. Our role, in the event of disagreement between you, has to be limited to discussing the benefits and detriments of alternative courses of action, rather than advocating either side. We cannot favor one client over another, and thus we can follow only the mutual instructions that we receive from you. You will have to resolve the particular conflict or dispute between yourselves or with the advice of your individual attorneys. In the event this dispute is irreconcilable and there is not a single agreed-upon course of action that allows us to perform our scope of work, we may withdraw from this engagement, unless you both agree in writing that we can represent one of you. Next, we may not withhold from one of you any information provided to us by the other, or by third parties, while we are providing this service. In addition, any communications that we receive from either of you in connection with this engagement would not be deemed privileged or confidential in any dispute between the two of you. Please note California Evidence Code section 962, which provides: “Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of the, nor the successor in interest of any of them, may claim a privilege under this article as to a communication made in the course of that relationship when such communication is offered in a civil proceeding between one of such clients (or his successor in interest) and another of such clients (or his successor in interest).” Of course, all of our conversations will be privileged and protected from disclosure to third-parties.
Waiver of Conflict of Interest. Each Investor and the Company is aware that Fenwick & West LLP (“F&W”), counsel to the Company, may have an investment in certain of the Investors or may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to F&W’s representation of the Company. In connection with such Investor representation, F&W may have obtained confidential information of such Investors that could be material to F&W’s representation of the Company in connection with negotiation, execution and performance of this Agreement. By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information by F&W. Each Investor and the Company further represents that it has had the opportunity to be, or has been, represented by independent counsel in giving the waivers contained in this Section 6.13.
Waiver of Conflict of Interest. Each Investor and the Company is aware that Witherspoon, Kelley, Xxxxxxxxx & Xxxxx, X.X. (“Xxxxxxxxxxx Xxxxxx”) may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to Witherspoon Kelley's representation of the Company. In connection with its Investor representation, Xxxxxxxxxxx Xxxxxx may have obtained confidential information of such Investors that could be material to Witherspoon Kelley's representation of the Company in connection with negotiation, execution and performance of this Agreement. By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information. Each Investor and the Company further represents that it has had the opportunity to be, or has been, represented by independent counsel in giving the waivers contained in this Section 7.5.
