Common use of Allowance for Compliance with SEC Requirements Clause in Contracts

Allowance for Compliance with SEC Requirements. Director acknowledges that the Securities and Exchange Commission ("SEC") has expressed the opinion that indemnification of directors and officers from liabilities under the Securities Act of 1933 (the "Act") is against public policy and therefore unenforceable. Director hereby agrees that it will not be a breach of this Agreement for JMAR to agree with the SEC in connection with the registration for sale of any stock or other securities of JMAR from time to time that, in the event a claim for indemnification against such liabilities (other than the payment by JMAR of expenses incurred or paid by a director or officer of JMAR in the successful defense of any action, suit or proceeding) is asserted in connection with such stock or other securities being registered, JMAR will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of competent jurisdiction the question of whether or not such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Director further agrees that such submission to a court of competent jurisdiction shall not be a breach of this Agreement.

Allowance for Compliance with SEC Requirements. Director acknowledges that the Securities and Exchange Commission ("SEC") has expressed the opinion that indemnification of directors and officers from liabilities under the Securities Act of 1933 (the "Act") is against public policy and therefore unenforceable. Director hereby agrees that it will not be a breach of this Agreement for JMAR STT to agree with the SEC in connection with the registration for sale of any stock or other securities of JMAR STT from time to time that, in the event a claim for indemnification against such liabilities (other than the payment by JMAR STT of expenses incurred or paid by a director or officer of JMAR STT in the successful defense of any action, suit or proceeding) is asserted in connection with such stock or other securities being registered, JMAR STT will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of competent jurisdiction the question of whether or not such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Director further agrees that such submission to a court of competent jurisdiction shall not be a breach of this Agreement.

Allowance for Compliance with SEC Requirements. Director Executive acknowledges that the Securities and Exchange Commission ("SEC") has expressed the opinion that indemnification of directors and officers from liabilities under the Securities Act of 1933 (the "Act") is against public policy and therefore unenforceable. Director Executive hereby agrees that it will not be a breach of this Agreement for JMAR Netzee to agree with the SEC in connection with the registration for sale of any stock or other securities of JMAR Netzee from time to time that, in the event a claim for indemnification against such liabilities (other than the payment by JMAR Netzee of expenses incurred or paid by a director or officer of JMAR Netzee in the successful defense of any action, suit or proceeding) is asserted in connection with such stock or other securities being registered, JMAR Netzee will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of competent jurisdiction the question of whether or not such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Director Executive further agrees that such submission to a court of competent jurisdiction shall not be a breach of this Agreement.

Allowance for Compliance with SEC Requirements. Director acknowledges that the Securities and Exchange Commission ("SEC") has expressed the opinion that indemnification of directors and officers from liabilities under the Securities Act of 1933 (the "Act") is against public policy and therefore as expressed in the Act and, is therefore, unenforceable. Director hereby agrees that it will not be a breach of this Agreement for JMAR Corporation to agree undertake with the SEC Commission in connection with the registration for sale of any stock or other securities of JMAR Corporation from time to time that, in the event a claim for indemnification against such liabilities (other than the payment by JMAR Corporation of expenses incurred or paid by a director or officer of JMAR Corporation in the successful defense of any action, suit or proceeding) is asserted in connection with such stock or other securities being registered, JMAR Corporation will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of competent jurisdiction on the question questions of whether or not such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Director further agrees that such submission to a court of competent jurisdiction shall not be a breach of this Agreement.

Allowance for Compliance with SEC Requirements. Director Executive acknowledges that the Securities and Exchange Commission ("SEC") has expressed the opinion that indemnification of directors and officers from liabilities under the Securities Act of 1933 (the "Act") is against public policy and therefore unenforceable. Director Executive hereby agrees that it will not be a breach of this Agreement for JMAR to agree with the SEC in connection with the registration for sale of any stock or other securities of JMAR from time to time that, in the event a claim for indemnification against such liabilities (other than the payment by JMAR of expenses incurred or paid by a director or officer of JMAR in the successful defense of any action, suit or proceeding) is asserted in connection with such stock or other securities being registered, JMAR will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of competent jurisdiction the question of whether or not such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Director Executive further agrees that such submission to a court of competent jurisdiction shall not be a breach of this Agreement.