Common use of By the Corporation Clause in Contracts

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall indemnify such underwriters, their officers and directors and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnifyindemnify the Distributor and its officers, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person who controls such holder controlling persons (within the meaning of the Securities Act) against all lossesfederal securities laws), claimsand the officers and directors of its controlling persons, damagesfor any liability and expenses, liabilities and expenses (including without limitation, reasonable attorneys' fees) ("Liabilities") caused , which may be sustained by any of the indemnitees as a result of (i) any untrue statement or alleged untrue statement of a material fact contained in any registration statementthe Registration Statement, prospectus Prospectus or preliminary prospectusStatement of Additional Information with respect to the Shares, or any amendment thereof or supplement thereto, or (ii) any omission or alleged omission of to state a material fact required to be stated therein in the Registration Statement, Prospectus or Statement of Additional Information or necessary to make the statements therein in any of them not misleading, except insofar as or (iii) the same are caused by Corporation's willful misfeasance, bad faith, gross negligence, or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy reckless disregard of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offeringits duties and obligations hereunder; provided, however, that the Corporation shall not be required to indemnify such underwritersthe Distributor or any of its officers, their directors or controlling persons, or the officers and directors and each Person who controls of its controlling persons, for any liability or expenses arising out of or based upon any statements or representations made by the Distributor or its agents other than such underwriters (within statements or representations as are contained in the meaning Registration Statement, Prospectus or Statement of the Securities Act) to the same extent as provided above Additional Information with respect to the indemnification of Shares (other than statements or omissions relating to the holders of Registrable Shares. The payments required by this Section 5.1 will be made periodically during Distributor) and in such other financial and other statements as are furnished to the course of the investigation or defense, as and when bills are received or expenses incurredDistributor pursuant to paragraph 5(c) hereof.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Purchaser Registrable Shares, its managers, officers and directors and each Person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall indemnify such underwriters, their officers and directors and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Purchaser Registrable Shares. The payments required by this Section 5.1 6.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 SECTION 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitationincluding, attorneys' but not limited to, attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact fact, required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Sharescustomary. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred, subject to an obligation of repayment in the event such indemnity is determined not to be owed.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Registrable Shares, its managersofficers, officers partners and directors or its equivalent and each Person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitationincluding, attorneys' but not limited to, attorney’s fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's ’s failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to ------------------ the ------------------ extent permitted by law, each holder of Registrable Shares, its managers, officers and directors and each Person person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' attorney's fees) ("Liabilities") caused by any untrue or alleged untrue statement of material fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall will indemnify such underwriters, their officers and directors and each Person person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Shares. The payments required by this Section 5.1 7.1 will be made periodically during the course of the investigation or defense, as and when bills are received or expenses incurred.

By the Corporation. The Corporation agrees to indemnify, to the ------------------ extent permitted by law, each holder of Purchaser Registrable Shares, its managers, officers and directors and each Person who controls such holder (within the meaning of the Securities Act) against all losses, claims, damages, liabilities and expenses (including without limitation, attorneys' fees) ("Liabilities") caused by any untrue or alleged untrue statement of material ------------ fact contained in any registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as the same are caused by or contained in any information furnished in writing to the Corporation by such holder expressly for use therein or by such holder's failure to deliver a copy of the registration statement or prospectus or any amendments or supplements thereto after the Corporation has furnished such holder with a sufficient number of copies of the same. In connection with an underwritten offering, the Corporation shall indemnify such underwriters, their officers and directors and each Person who controls such underwriters (within the meaning of the Securities Act) to the same extent as provided above with respect to the indemnification of the holders of Purchaser Registrable Shares. The payments required by this Section 5.1 6.1 will be made periodically during the course of the ----------- investigation or defense, as and when bills are received or expenses incurred.