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Representation and Warranty. Executive represents and warrants to the Company that he is not subject to any non-competition provision of any other agreement or obligation restricting his ability fully to act hereunder. Executive hereby indemnifies and holds the Company harmless against any losses, claims, expenses (including attorneys’ fees), damages or liabilities incurred by the Company as a result of a breach of the foregoing representation and warranty.

Representation§ 12.Representations and Warranty.Warranties. Executive hereby represents and warrants to the Company that heExecutive is not a party to, or otherwise subject to, any covenant not to compete with any non-competition provisionperson or entity other than a contract with his current employer, a copy of any other agreement or obligation restricting his ability fullywhich has been provided to act hereunder. Executive hereby indemnifies and holds the Company harmless against any losses, claims, expenses (including attorneys’ fees), damages or liabilities incurred by the Company as a result of a breach of the foregoing representation and warranty.Company.

Representation and Warranty.by Executive. Executive represents and warrants to the Company that he is not subjecta party to any non-competitionagreement containing a noncompetition provision or other restriction with respect to # the nature of any other agreementservices or obligation restricting his ability fullybusiness which he is obligated or likely obligated to act hereunder. Executive hereby indemnifies and holdsperform or conduct for the Company harmless against(or any losses, claims, expenses (including attorneys’ fees), damages or liabilities incurred byother member of the Company as a resultGroup) under this Agreement, or # the disclosure or use of a breachany information which directly or indirectly relates to the nature of the foregoing representation and warranty.business of any member of the Company Group or the services to be rendered or likely to be rendered by Executive under this Agreement.

Representation and Warranty.Executive’s Representations. Executive hereby represents and warrants to the Company that hethat: # Executive has the legal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound; # Executive is not subject to or bound by any employment or severance agreement with, or any non-competition provision ofcompete, non-solicit, confidentiality or other restrictive agreement with or restrictive covenant to, any other agreementPerson that shall prevent, restrict, or obligation restricting his ability fully to act hereunder. Executive hereby indemnifies and holdsotherwise interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold harmless the Company and its respective employees, officers, directors, managers, partners, stockholders, members, successors, and assigns from and against any losses, claims, expenses (including attorneys’ fees),and be liable for all damages sustained or liabilities incurred by any such Person to the Company as a result ofextent caused by, arising out of, resulting from or attributable to a breach or any inaccuracy of the foregoing representationExecutive’s representations and warranty.warranties under this Section 8.

Representation and Warranty.Representation. The Executive represents and warrants to the Company, and the Executive acknowledges that the Company has relied on such representations and warranties in offering to employ the Executive, that he is not subject to any non-competition provisionneither the Executive’s duties as an employee of the Company nor his performance of this Agreement will breach any other agreement to which the Executive is a party, including without limitation, any agreement limiting the use or obligation restrictingdisclosure of any information acquired by the Executive prior to his ability fully to act hereunder.employment by the Company. In addition, the Executive hereby indemnifiesrepresents and holdswarrants and acknowledges that the Company harmless againsthas relied on such representations and warranties in employing the Executive that he has not entered into, and will not enter into, any losses, claims, expenses (including attorneys’ fees), damagesagreement, either oral or liabilities incurred bywritten, in conflict herewith. If it is determined that the Executive is in breach or has breached any of the representations set forth herein, the Company as a result of a breach ofshall have the foregoing representation and warranty.right to terminate the Executive’s employment for Cause.

Representation and Warranty. The Executive represents and warrants to the Company that he is not subject to any non-competition provisionagreement, instrument, order, judgment or decree of any kind, or any other restrictive agreement of any character, which would prevent him from legally entering into this Agreement, or obligation restricting his ability fully to act hereunder. Executive hereby indemnifies and holds the Company harmless against any losses, claims, expenses (including attorneys’ fees), damages or liabilities incurredwhich would be breached by the Company as a resultExecutive upon execution of a breach of the foregoing representation and warranty.this Agreement.

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