Common use of Contract Rights; Rights Not Exclusive Clause in Contracts

Contract Rights; Rights Not Exclusive. The rights granted pursuant to this Section 6.7 shall be deemed contract rights, and no amendment, modification or repeal of this Section 6.7 shall have the effect of limiting or denying any such rights with respect to actions taken or Proceedings, appeals, inquiries or investigations arising prior to any amendment, modification or repeal. The rights to indemnification and payment of expenses incurred in defending a Proceeding in advance of its final disposition conferred in this Section 6.7 shall not be exclusive of any other rights which any Person may have or hereafter acquire under any statute, provision of this Agreement, any other agreement, any vote of the Members, or otherwise. It is expressly acknowledged that the indemnification provided in this Section 6.7 could involve indemnification for negligence or under theories of strict liability. Notwithstanding the foregoing, no Indemnified Person shall be entitled to any indemnity or advancement of expenses in connection with any Proceeding brought (i) by such Indemnified Person against the Company (other than to enforce the rights of such Indemnified Person pursuant to this Section 6.7), any Member or any Officer, or (ii) by or in the right of the Company, without the prior written consent of the Managing Member.

Contract Rights; Rights Not Exclusive. The rights granted pursuant to this Section 6.7 6.4 shall be deemed contract rights, and no amendment, modification or repeal of this Section 6.7 6.4 shall have the effect of limiting or denying any such rights with respect to actions taken or Proceedings, appeals, inquiries or investigations arising prior to any amendment, modification or repeal. The rights to indemnification and payment of expenses incurred in defending a Proceeding in advance of its final disposition conferred in this Section 6.7 6.4 shall not be exclusive of any other rights which any Person may have or hereafter acquire under any statute, provision of this Agreement, any other agreement, any vote of the Members or disinterested Board Members, or otherwise. It is expressly acknowledged that the indemnification provided in this Section 6.7 6.4 could involve indemnification for negligence or under theories of strict liability. Notwithstanding the foregoing, no Indemnified Person shall be entitled to any indemnity or advancement of expenses in connection with any Proceeding brought (i) by such Indemnified Person against the Company (other than to enforce the rights of such Indemnified Person pursuant to this Section 6.76.4), any Member or any Officer, or (ii) by or in the right of the Company, without the prior written consent of the Managing MemberBoard of Managers.

Contract Rights; Rights Not Exclusive. The rights granted pursuant to this Section 6.7 6.4 shall be deemed contract rights, and no amendment, modification or repeal of this Section 6.7 6.4 shall have the effect of limiting or denying any such rights with respect to actions taken or Proceedings, appeals, inquiries or investigations arising prior to any amendment, modification or repeal. The rights to indemnification and payment of expenses incurred in defending a Proceeding in advance of its final disposition conferred in this Section 6.7 6.4 shall not be exclusive of any other rights which any Person may have or hereafter acquire under any statute, provision of this Agreement, any other agreement, any vote of the Members or disinterested Board Members, or otherwise. It is expressly acknowledged that the indemnification provided in this Section 6.7 6.4 could involve indemnification for negligence or under theories of strict liability. Notwithstanding the foregoing, no Indemnified Person shall be entitled to any indemnity or advancement of expenses in connection with any Proceeding brought (i) by such Indemnified Person against the Company (other than to enforce the rights of such Indemnified Person pursuant to this Section 6.76.4), any Member or any Officer, or (ii) by or in the right of the Company, without the prior written consent of the Managing Member.38