Authorization of Indemnification. 4.1 Any indemnification under Sections 3.1, 3.2 and 3.3 hereof (unless ordered by a court) shall be made by the Company only as authorized in the specific case upon a determination (the “Determination”) that indemnification of the Indemnitee is proper in the circumstances because the Indemnitee has met the applicable requirements set forth in Section 3.1, 3.2 and 3.3 hereof, as the case may be. Subject to Sections 6.6 and 8 of this Agreement, the Determination and the evaluation and finding as to the reasonableness of expenses incurred by the Indemnitee shall be made in the following order of priority:
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Samples: Indemnification Agreement (Elandia International Inc.), Indemnification Agreement (Elandia International Inc.), Indemnification Agreement (Elandia International Inc.)
