Use of Name and Reports Clause Example from Business Contracts

Use of Name and Reports. Without the Advisors' prior written consent, neither the Company nor any of its affiliates (nor any director, officer, manager, partner, member, employee, representative or agent thereof) shall quote or refer to, in any filings with the Securities and Exchange Commission, any advice rendered by the Advisors to the Company or any communication from the Advisors, in each case, in connection with performance of the Advisor's services hereunder; provided that, if any such quote or reference is requi...red by applicable federal or state law, regulation or securities exchange rule, then (i) the Company shall provide Advisors with a draft of such disclosure prior to the filing being made; (ii) Advisors shall be given the opportunity to comment on same; and (iii) Advisors' consent shall not be unreasonably withheld. 2 7. Status as Independent Contractor. Advisors shall perform their services as an independent contractors and not as employees of the Company or affiliate thereof. It is expressly understood and agreed to by the parties that the Advisors shall have no authority to act for, represent or bind the Company or any affiliate thereof in any manner, except as may be expressly agreed to by the Company in writing. In rendering such services, the Advisors will be acting solely pursuant to a contractual relationship on an arm's-length basis. This Agreement is not intended to create a fiduciary relationship between the parties and neither the Advisors nor any of the Advisors' officers, directors or personnel will owe any fiduciary duty to the Company or any other person in connection with any of the matters contemplated by this Agreement. Each Advisor shall have no responsibility or liability for the acts or omissions of the other Advisor, and nothing in this Agreement shall create a partnership, joint venture or other similar relationship between the Advisors. View More