Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, the Court of Chancery of the State of Delaware or the court in which such action or suit was brought may determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, Indemnitee is fairly and reasonably entitled to indemnity for any claim, issue or matter.
Appears in 13 contracts
Samples: Indemnification Agreement (Bank Jos a Clothiers Inc /De/), Indemnification Agreement (Bank Jos a Clothiers Inc /De/), Indemnification Agreement (Bank Jos a Clothiers Inc /De/)