Common use of Directors’ Liability and Indemnification Clause in Contracts

Directors’ Liability and Indemnification. The Company's Articles of Incorporation and Bylaws shall provide (a) for elimination of the liability of director to the maximum extent permitted by law and (b) for indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law. In addition, the Company shall enter into and use its best efforts to at all times maintain indemnification contracts substantially in the form attached as Attachment B hereto with each of its directors to indemnify such directors to the maximum extent permissible under California law.

Directors’ Liability and Indemnification. The Company's Second Amended and Restated Articles of Incorporation (the "Restated Articles") and Bylaws shall provide (a) for elimination of the liability of director to the maximum extent permitted by law and (b) for indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law. In addition, the Company shall enter into and use its best efforts to at all times maintain indemnification contracts substantially in the form attached as Attachment B hereto with each of its directors to indemnify such directors to the maximum extent permissible under California lawlaw pursuant to an indemnification agreement.

Directors’ Liability and Indemnification. The Company's Fifth Amended and Restated Articles of Incorporation (the "Restated Articles") and Bylaws shall provide (a) for elimination of the liability of director to the maximum extent permitted by law and (b) for indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law. In addition, the Company shall enter into and use its best efforts to at all times maintain indemnification contracts substantially in the form attached as Attachment B hereto with each of its directors to indemnify such directors to the maximum extent permissible under California lawlaw pursuant to an indemnification agreement.

Directors’ Liability and Indemnification. The Company's ’s Seventh Amended and Restated Articles of Incorporation and Bylaws shall provide (a) for elimination of the liability of director directors to the maximum extent permitted by law and (b) for indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law. In addition, the Company shall enter into and use its best efforts to at all times maintain indemnification contracts substantially in the form attached provided to the Investors or Investors’ counsel or as Attachment B hereto otherwise approved by the Board of Directors with each of its directors to indemnify such directors to the maximum extent permissible under California law.