Common use of Advancement of Costs and Expenses Clause in Contracts

Advancement of Costs and Expenses. The Company shall promptly advance to the Executive (or his beneficiaries, if applicable) any cost (including reasonable attorneys’ fees) incurred by them in connection with any Claim arising out of or relating to this Agreement, subject to prompt repayment by the recipient in the event that the Company (and its affiliates, if applicable) substantially prevails with respect to such Claim. Pending the resolution of any Claim under Section 10.7 or otherwise, the Executive (and his beneficiaries) shall continue to receive all payments and benefits due under this Agreement or otherwise.