No Agency. Nothing in this Agreement (or any of the arrangements contemplated by it), save as may be expressly set out in it, constitute any Party the agent of the other Party for any purpose. Unless the Parties agree otherwise in writing, none of them shall # enter into contracts with any Person as agent for the other Party or # describe itself as such an agent or in any way hold itself out as being such an agent.

No Agency. This Agreement does not create an agency, partnership, or joint venture between the parties.

Agency Inspection. [[Bachem CH:Organization]] shall immediately notify Apellis in writing in the event that [[Bachem CH:Organization]] is notified of any proposed visit or inspection by any governmental authority, including, any Agency (such as the FDA or Swissmedic) or any environmental regulatory authority if such visit or inspection is related to Drug Substance. Apellis shall have the right to be onsite during the visit or inspection, but shall not be allowed participate in the inspection unless it is a pre-approval inspection.. [[Bachem CH:Organization]] shall promptly (and in no event later than ​) furnish Apellis with copies of all reports, documents or correspondence with respect to any Agency requests or inspections of the Facility related to the Manufacture of the Drug Substance, including but not limited to any Form 483 or Establishment Inspection Report (EIR) relating to the Manufacture of the Drug Substance. [[Bachem CH:Organization]] shall also provide Apellis any proposed corrective actions, responses and other changes arising out of such review or inspection by such Agency that is related to the Drug Substance.

No Agency. This Agreement does not convey any agency authority on Builder, and Builder shall have no authority whatsoever to act on behalf of Owner or to bind Owner in any way, except as may be provided expressly elsewhere in this Agreement or in separate documents for specified purposes. Builder expressly agrees that it shall not attempt or purport to act on behalf of Owner without Owner’s prior express written authorization.

Agency Approvals. With respect to each Agency Security and to the extent necessary, PMC is an FHA Approved Mortgagee and a VA Approved Lender. PMC is also approved by Fannie Mae as an approved single family lender and Freddie Mac as an approved single family seller/servicer, and, to the extent necessary, approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act. In each such case, PMC is in good standing, with no event having occurred or PMC having any reason whatsoever to believe or suspect will occur, including, without limitation, a change in insurance coverage which would either make PMC unable to comply with the eligibility requirements for maintaining all such applicable approvals or require notification to the relevant Agency. Servicer has adequate financial standing, servicing facilities, procedures and experienced personnel necessary for the sound servicing of mortgage loans of the same types as may from time to time constitute Mortgage Loans and in accordance with Accepted Servicing Practices.

No Agency. It is entering into this Agreement and each Transaction as principal (and not as agent or in any other capacity, fiduciary or otherwise).

No Agency. This Agreement will not constitute the parties as partners or as joint venturers, or either as agent of the other and the Licensee shall not represent itself as the agent or legal representative of CKI or its Affiliates for any purpose whatsoever and shall have no right to create or assume any obligation of any kind, express or implied, for or on behalf of them in any way whatsoever. CKI shall similarly not represent itself as the agent or legal representative of the Licensee or its Affiliates. CKI shall have not responsibility for any of Licensee’s operations or production, or of Licensee’s manufacturing, distribution or sales or marketing facilities or for any decisions that may be made in connection therewith regardless of whether CKI approves, recommends, requires or suggests any of the same.

Agency Fees. The Borrower agrees to pay to the Administrative Agent the fees in the amounts and on the dates as set forth in the Fee Letter and to perform any other obligations contained therein.

No Agency. KeHE shall be an independent contractor hereunder, and this Agreement shall not be construed to create any other relationship between the Parties, as principal and agent, joint ventures or otherwise.

Relation among Lenders136139