STRICTLY CONFIDENTIAL Spherix Incorporated One Rockefeller Plaza, 11th Floor New York, NY 10020 Attn: Anthony Hayes, Chief Executive Officer Dear Mr. Hayes:Exclusive Agency Agreement • August 26th, 2020 • Aikido Pharma Inc. • Services-commercial physical & biological research • New York
This letter agreement (this “Agreement”) constitutes the agreement between Spherix Incorporated (the “Company”) and H.C. Wainwright &. Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any of (each, an “Offering”) of securities of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all internal approvals of Wainwright in conne
