Common use of Advancement and Repayment of Expenses Clause in Contracts

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any action, suit, or proceeding against the Executive in the event and to the extent that it shall ultimately be determined that the Executive is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the Executive's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's written affirmation of his good faith belief that his conduct met the standard applicable to Board-authorized indemnification pursuant to Section 1 hereof and or did not constitute behavior of the kind described in Section 2(aparagraph 3(a) hereof and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, advisors and private investigators)) incurred by him in defending any civil or criminal suit, action, action or proceeding for which the Executive is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 6 hereof, in defending any action, suit, or proceeding against the Executive in the event and to the extent that it shall ultimately be determined that the Executive is not entitled to be indemnified by the Corporation for such expenses under either Section 1 or Section 2 of this Agreement. Any advances and the Executive's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the ExecutiveIndemnitee's written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof hereof, and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive Indemnitee the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive Indemnitee is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. In the alternative and in the Indemnitee's exclusive discretion, the Corporation will assume direct responsibility for the payment of all such expenses after the Indemnitee has provided the Corporation with a written request to assume direct responsibility for such payment and after he has complied with the affirmation requirements provided above. The Executive Indemnitee agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any action, suit, or proceeding against the Executive Indemnitee in the event and to the extent that it shall ultimately be determined that the Executive Indemnitee is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the ExecutiveIndemnitee's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's Director’s written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section Sections 1 and 2 hereof and did not constitute behavior of the kind described in Section 2(a3(a) hereof hereof, and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive Director the reasonable expenses (including attorneys' ’ fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, action or proceeding for which the Executive Director is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive Director agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 6 hereof, in defending any any, action, suit, or proceeding against the Executive Director in the event and to the extent that it shall ultimately be determined that the Executive Director is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the Executive's Director’s agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the ExecutiveIndemnitee's written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof hereof, and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive Indemnitee the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive Indemnitee is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. In the alternative, and in the Indemnitee's exclusive discretion, the Corporation will assume direct responsibility for the payment of all such expenses after the Indemnitee has provided the Corporation with a written request to assume direct responsibility for such payment and after he has complied with the affirmation requirements provided above. The Executive Indemnitee agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any action, suit, or proceeding against the Executive Indemnitee in the event and to the extent that it shall ultimately be determined that the Executive Indemnitee is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the ExecutiveIndemnitee's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the ExecutiveDirector's written affirmation of his good faith belief that his conduct met the standard applicable to Board-authorized indemnification pursuant to Section 1 hereof and or did not constitute behavior of the kind described in Section 2(aparagraph 3(a) hereof and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive Director the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive Director is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive Director agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 6 hereof, in defending any action, suit, or proceeding against the Executive Director in the event and to the extent that it shall ultimately be determined that the Executive Director is not entitled to be indemnified by the Corporation for such expenses under either Section 1 or Section 2 of this Agreement. Any advances and the ExecutiveDirector's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive the reasonable all expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 6 hereof, in defending any action, suit, or proceeding against the Executive in the event and to the extent that it shall ultimately be determined that the Executive is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the Executive's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the ExecutiveIndemnitee's written affirmation of his good faith belief that his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof hereof, and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive Indemnitee the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive Indemnitee is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. In the alternative and in the Indemnitee's exclusive discretion, the Corporation will assume direct responsibility for the payment of all such expenses after the Indemnitee has provided the Corporation with a written request to assume direct responsibility for such payment and after he has complied with the affirmation requirements provided above. The Executive Indemnitee agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any action, suit, or proceeding against the Executive Indemnitee in the event and to the extent that it shall ultimately be determined that the Executive Indemnitee is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the Executive's agreement to repay shall be unsecured and interest-free.this

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's written affirmation of his good faith belief that his conduct met the standard applicable to Board-authorized indemnification pursuant to Section 1 hereof and or did not constitute behavior of the kind described in Section 2(aparagraph 3(a) hereof and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive the reasonable expenses (including attorneys' fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him in defending any civil or criminal suit, action, or proceeding for which the Executive is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 6 hereof, in defending any action, suit, or proceeding against the Executive in the event and to the extent that it shall ultimately be determined that the Executive is not entitled to be indemnified by the Corporation for such expenses under either Section 1 or Section 2 of this Agreement. Any advances and the Executive's agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's ’s written affirmation of his good faith belief that (i) his conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did does not constitute behavior of the kind described in Section 2(a14-2-856(b) hereof of the Georgia Business Corporation Code or (ii) the proceeding involves conduct for which liability has been eliminated under a provision of the Articles of Incorporation as authorized by paragraph (4) of sub-section (b) of Section 14-2-202 of the Georgia Business Corporation Code and that he is entitled to indemnification hereunder, the Corporation shall advance to the Executive the reasonable expenses (including attorneys' ’ fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, advisors and private investigators)) incurred by him in defending any civil or criminal suit, action, action or proceeding for which the Executive is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any action, suit, or proceeding against the Executive in the event and to the extent that it shall ultimately be determined that the Executive is not entitled to be indemnified by the Corporation for such expenses under Section 1 of this Agreement. Any advances and the Executive's ’s agreement to repay shall be unsecured and interest-free.

Advancement and Repayment of Expenses. Upon request therefor accompanied by reasonably itemized evidence of expenses incurred, and by the Executive's Officer’s written affirmation of his or her good faith belief that his or her conduct met the standard applicable to indemnification pursuant to Section 1 hereof and did not constitute behavior of the kind described in Section 2(a) hereof hereof, and that he or she is entitled to indemnification hereunder, the Corporation shall advance to the Executive Officer the reasonable expenses (including attorneys' ’ fees and costs of investigation and defense (including the fees of expert witnesses, other professional advisors, and private investigators)) incurred by him or her in defending any civil or criminal suit, action, action or proceeding for which the Executive Officer is entitled (assuming an applicable standard of conduct is met) to indemnification pursuant to this Agreement. The Executive Officer agrees to reimburse the Corporation for all reasonable expenses paid by the Corporation, whether pursuant to this Section or Section 5 hereof, in defending any any, action, suit, or proceeding against the Executive Officer in the event and to the extent that it shall ultimately be determined that the Executive Officer is not entitled to be indemnified by the Corporation for such expenses under this Agreement. Any advances and the Executive's Officer’s agreement to repay shall be unsecured and interest-free.