No Fiduciary Duty Clause Example from Business Contracts

No Fiduciary Duty. The Company hereby acknowledges that (a) the purchase and sale of the Securities pursuant to this Agreement is an arm's-length commercial transaction between the Company, on the one hand, and the Underwriter and any affiliate through which it may be acting, on the other, and does not constitute a recommendation, investment advice or solicitation of any action by the Underwriter (b) the Underwriter is acting as principal and not as an agent or fiduciary of the Company, (c) the Company's engagemen...t of the Underwriter in connection with the Offering and the process leading up to the Offering is as independent contractors and not in any other capacity and (d) none of the activities of the Underwriter in connection with the transaction contemplated herein constitutes a recommendation, investment advice or solicitation of any action by the Underwriter with respect to any entity or natural person. Furthermore, the Company agrees that it is solely responsible for making its own judgments in connection with the Offering (irrespective of whether the Underwriter has advised or is currently advising the Company on related or other matters). The Company agrees that it will not claim that the Underwriter has rendered advisory services of any nature or respect, or owe an agency, fiduciary or similar duty to the Company, in connection with such transaction or the process leading thereto. View More