Action for Indemnification. To indemnify the Indemnitee for any expenses incurred by the Indemnitee with respect to any Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, unless the Indemnitee is successful in establishing the Indemnitee’s right to indemnification in such Proceeding, in whole or in part; provided, however, that nothing in this Section 5(b) is intended to limit the Company’s obligation with respect to the advancement of expenses to the Indemnitee in connection with any Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, as provided in Section 4 hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (Pike Electric CORP), Indemnification Agreement (Family Dollar Stores Inc)
Action for Indemnification. To indemnify the Indemnitee for any expenses incurred by the Indemnitee with respect to any Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, unless the Indemnitee is successful except as provided in establishing the Indemnitee’s right to indemnification in such ProceedingSections 5(c) and 5(e) herein, in whole or in part; provided, however, that and nothing in this Section 5(b6(b) is intended to limit the Company’s 's obligation with respect to the advancement of expenses to the Indemnitee in connection with any such Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, as provided in Section 4 5 hereof.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement, Director and Officer Indemnification Agreement (Garmin LTD)