Common use of Advancements for Expenses Clause in Contracts

Advancements for Expenses. Bancorp shall pay any and all expenses, including, without limitation, attorneys' fees, filing fees, court reporters' fees, transcript costs and investigative costs, incurred in defending any action, suit or proceeding referred to in Section 1, 2 or 3 of this Indemnification Agreement in advance of the final disposition of such action, suit or proceeding, to or on behalf of the Indemnified Party, promptly as such expenses are incurred by the Indemnified Party; provided, however, that the Indemnified Party shall repay to Bancorp all amounts so paid in respect of any claim, issue or other matter asserted in such action, suit or proceeding in defense of which he shall not have been successful on the merits or otherwise if a court ultimately determines in accordance with Section 1, 2 or 3 of this Indemnification Agreement that the Indemnified Party is not entitled to indemnification in accordance with the terms of this Indemnification Agreement.

Advancements for Expenses. Bancorp shall pay any and all expenses, including, without limitation, attorneys' fees, filing fees, court reporters' fees, transcript costs and investigative costs, incurred in defending any action, suit or proceeding referred to in Section 1, 2 or 3 of this Indemnification Agreement in advance of the final disposition of such action, suit or proceeding, to or on behalf of the Indemnified Party, promptly as such expenses are incurred by the Indemnified Party; provided, however, that the Indemnified Party shall repay to Bancorp all amounts so paid in respect of any claim, issue or other matter asserted in such action, suit or proceeding in defense of which he she shall not have been successful on the merits or otherwise if a court ultimately determines in accordance with Section 1, 2 or 3 of this Indemnification Agreement that the Indemnified Party is not entitled to indemnification in accordance with the terms of this Indemnification Agreement.