Common use of Court-Approved Indemnification Clause in Contracts

Court-Approved Indemnification. Bancorp shall indemnify the Indemnified Party in the event that he is or was a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, by or in the right of Indemnified Party to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee or agent of Bancorp or a subsidiary of Bancorp, including, but not limited to, the Bank, or is or was serving at the request of Bancorp as a director, officer, trustee, employee or agent of another corporation (domestic or foreign, non-profit or for profit), partnership, limited liability company, joint venture, trust or other enterprise (or by reason of any of his acts or omissions in any one or more of such capacities), against expenses (including, without limitation, attorneys' fees, filing fees, court reporters' fees, transcript costs and investigative costs), judgments, fines and amounts paid in settlement, actually and reasonably incurred by the Indemnified Party in connection with such action, suit or proceeding if the Court of Common Pleas of Muskingum County, Ohio, or the court in which any such action, suit or proceeding is commenced or is pending, determines that the act or omission giving rise to the claim for indemnification was not undertaken by the Indemnified Party with deliberate intent to cause injury to Bancorp or its subsidiaries or with reckless disregard of the best interests of Bancorp or its subsidiaries.

Court-Approved Indemnification. Bancorp shall indemnify the Indemnified Party in the event that he she is or was a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, by or in the right of Indemnified Party to procure a judgment in its favor, by reason of the fact that he she is or was a director, officer, employee or agent of Bancorp or a subsidiary of Bancorp, including, but not limited to, the Bank, or is or was serving at the request of Bancorp as a director, officer, trustee, employee or agent of another corporation (domestic or foreign, non-profit or for profit), partnership, limited liability company, joint venture, trust or other enterprise (or by reason of any of his acts or omissions in any one or more of such capacities), against expenses (including, without limitation, attorneys' fees, filing fees, court reporters' fees, transcript costs and investigative costs), judgments, fines and amounts paid in settlement, actually and reasonably incurred by the Indemnified Party in connection with such action, suit or proceeding if the Court of Common Pleas of Muskingum County, Ohio, or the court in which any such action, suit or proceeding is commenced or is pending, determines that the act or omission giving rise to the claim for indemnification was not undertaken by the Indemnified Party with deliberate intent to cause injury to Bancorp or its subsidiaries or with reckless disregard of the best interests of Bancorp or its subsidiaries.