Common use of Advancement and Repayment of Expenses Clause in Contracts

Advancement and Repayment of Expenses. (a) If the Director employs his own counsel pursuant to Section 10(b)(i) through (iii) above, the Company shall advance to the Director, prior to any final disposition of any Proceeding, all Expenses incurred in investigating or defending any Proceeding within 30 days after receiving copies of invoices presented to the Director for such Expenses. (b) The Director shall reimburse the Company for all Expenses paid by the Company in defending any Proceeding against the Director if, and only to the extent that, it is ultimately determined by a final judicial decision (from which there is no right of appeal) that the Director is not entitled, under applicable law, the Company's articles of incorporation or bylaws, this Agreement or otherwise, to be indemnified by the Company for such Expenses.

Advancement and Repayment of Expenses. (a) If the Director Officer employs his own counsel pursuant to Section 10(b)(i) through (iii) above, the Company shall advance to the DirectorOfficer, prior to any final disposition of any Proceeding, all Expenses incurred in investigating or defending any Proceeding within 30 days after receiving copies of invoices presented to the Director Officer for such Expenses. (b) The Director Officer shall reimburse the Company for all Expenses paid by the Company in defending any Proceeding against the Director Officer if, and only to the extent that, it is ultimately determined by a final judicial decision (from which there is no right of appeal) that the Director Officer is not entitled, under applicable law, the Company's articles of incorporation or bylaws, this Agreement or otherwise, to be indemnified by the Company for such Expenses.