No Liability for Good Faith Determinations. The Company and the members of the Board shall not be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Restricted Stock Units granted hereunder.
No Liability for Good Faith Determinations. Neither the Partnership Entities nor the members of the Committee and the Board shall be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Phantom Units granted hereunder.
No Liability for Good Faith Determinations. The members of the Board and the Committee shall not be liable for any act, omission, interpretation or determination taken or made in good faith with respect to this Agreement or the Restricted Stock granted hereunder and all members of the Board or the Committee and each and any officer or employee of the Company acting on their behalf shall, to the extent permitted by law, be fully indemnified and protected by the Company with respect to any such action, determination or interpretation.
No Liability for Good Faith Determinations. The General Partner, the Partnership, the Company, HFC and the members of the Committee, the Board and the HFC Board shall not be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Phantom Units granted hereunder.
No Liability for Good Faith Determinations. The Partnership Entities, the members of the Board and the Administrator, shall not be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Award granted hereunder.
No Liability for Good Faith Determinations. The members of the Board of Directors shall not be liable for any act, omission, or determination taken or made in good faith with respect to this Agreement, and members of the Board of Directors shall be entitled to indemnification and reimbursement by the Corporation in respect of any claim, loss, damage, or expense (including attorneys' fees, the costs of settling any suit, provided such settlement is approved by independent legal counsel selected by the Corporation, and amounts paid in satisfaction of a judgment, except a judgment based on a finding of bad faith) arising there from to the full extent permitted by law and under any directors and officers liability or similar insurance coverage that may from time to time be in effect.
No Liability for Good Faith Determinations. The Partnership, the Company, Pioneer Natural Resources Company (“Pioneer”), and Pioneer Natural Resources USA, Inc. (“Pioneer USA”), and the members of the Committee, the Board and the Pioneer Board shall not be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Restricted Units granted hereunder.
No Liability for Good Faith Determinations. None of the Sponsors, DPM, the Corporation or OpCo or the members of the Board shall be liable for any act, omission or determination taken or made in good faith with respect to this Agreement or the Restricted Securities assigned hereunder.
No Liability for Good Faith Determinations. Neither the members of the Governing Authority nor the Administrator (nor their respective delegatee) shall be liable for any act, omission, or determination taken or made with respect to the Plan which is not judicially determined to be due to willful misconduct, and members of the Governing Authority and the Administrator (and their delegatee) shall be entitled to indemnification and reimbursement by the Company in respect of any claim, loss, damage, or expense (including attorneys' fees, the costs of settling any suit, provided such settlement is approved by independent legal counsel selected by the Company, and amounts paid in satisfaction of a judgment, except a judgment based on a finding of willful misconduct) arising therefrom to the full extent permitted by law and under any directors and officers liability or similar insurance coverage that may from time to time be in effect.
No Liability for Good Faith Determinations he members of the Board shall not be liable for any action, failure to act, omission or determination taken or made in good faith with respect to this Plan. The Board shall have the discretion, subject to the terms of Plan, to make determinations and interpretations of the Plan which need not be the same with respect to each Participant. 5 EXHIBIT A [List of Participants] EXHIBIT A-1 Xxxxxxx Xxxxxx Xxx Xxxxxx [list of other non-compete obligated persons] EXHIBIT B PARTICIPATION AGREEMENT You have been designated by the Board of Directors as a Participant in the Employee Bonus Retention Plan (the "Plan") with the following Retention Bonus: Name of Participant: Position: Retention Bonus: Your participation in the Plan is subject to and in accordance with the express terms and conditions of the Plan. In consideration of receipt of amounts under the Plan and receipt of confidential information from the Company, you agree to be bound by the terms and conditions of the Plan, including, but not limited to, the non-competition and non-solicitation provisions in Section 5.3 of the Plan, and acknowledge that you have received a copy of the Plan. You also hereby acknowledge and agree that to the extent the Plan conflicts with any provision of your Participation Agreement the Plan shall control. Capitalized terms not defined in this Participation Agreement will have the same meanings assigned to them in the Plan. Dated as of , 2003. . By: Title: Participant: Signature Printed Name EXHIBIT I FORM OF CONTRIBUTION AGREEMENT CONTRIBUTION AGREEMENT This Contribution Agreement (this "Agreement"), dated effective as of March 11, 2003, is made and entered into by and among Xxxxxxx X. Xxxxxx ("Xxxxxx"), X.X. Xxxxxx ("Xxxxxx") and EXCO Holdings Inc., a Delaware corporation (the "Company"). The following recitals are true and constitute the basis for this Agreement:
