Common use of Duration and Scope of Agreement; Binding Effect Clause in Contracts

Duration and Scope of Agreement; Binding Effect. This Agreement shall continue so long as the Indemnitee shall be subject to any possible Proceeding subject to indemnification by reason of the fact that the Indemnitee is or was a director, officer or other Agent of the Corporation or any Subsidiary or Affiliate, and shall be applicable to Proceedings commenced or continued after execution of this Agreement, whether arising from acts or omissions occurring before or after such execution. This Agreement shall be binding upon the Corporation, its Subsidiaries and the Corporation’s successors and assigns (including, without limitation, any direct or indirect successor or purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Corporation) and shall inure to the benefit of the Indemnitee and the Indemnitee’s spouse, assigns, heirs, devisees, executors, administrators and other legal representatives. The Corporation shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise), to all or substantially all of the Corporation’s business or assets, expressly to assume (by written agreement in form and substance reasonably satisfactory to the Indemnitee) and agree to perform this Agreement in the same manner and to the same extent that the Corporation would have been required to perform if no such transaction or succession had taken place.

Duration and Scope of Agreement; Binding Effect. This Agreement shall continue so long as the Indemnitee shall be subject to any possible Proceeding subject to indemnification by reason of the fact that the Indemnitee is or was a director, officer or other Agent of the Corporation or any Subsidiary or Affiliate, and shall be applicable to Proceedings commenced or continued before or after execution of this Agreement, whether arising from acts or omissions occurring before or after such execution. This Agreement shall be binding upon the Corporation, its Subsidiaries and the Corporation’s 's successors and assigns (including, without limitation, any direct or indirect successor or as a result of a purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Corporation) and shall inure to the benefit of the Indemnitee and the Indemnitee’s his or her spouse, assigns, heirs, devisees, executors, administrators and other legal representatives. The Corporation shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise), to all or substantially all of the Corporation’s 's business or assets, expressly to assume (by written agreement in form and substance reasonably satisfactory to the Indemnitee) writing and agree to perform this Agreement in the same manner and to the same extent that the Corporation would have been required to perform if no such transaction or succession had taken place.

Duration and Scope of Agreement; Binding Effect. This Agreement shall continue so long as the Indemnitee shall be subject to any possible Proceeding subject to indemnification by reason of the fact that the Indemnitee is or was a director, officer (including the Indemnitee’s service as the interim Chief Financial Officer of the Corporation) or other Agent of the Corporation or any Subsidiary or Affiliate, and shall be applicable to Proceedings commenced or continued after execution of this Agreement, whether arising from acts or omissions occurring before or after such execution. This Agreement shall be binding upon the Corporation, its Subsidiaries and the Corporation’s successors and assigns (including, without limitation, any direct or indirect successor or purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Corporation) and shall inure to the benefit of the Indemnitee and the Indemnitee’s spouse, assigns, heirs, devisees, executors, administrators and other legal representatives. The Corporation shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise), to all or substantially all of the Corporation’s business or assets, expressly to assume (by written agreement in form and substance reasonably satisfactory to the Indemnitee) and agree to perform this Agreement in the same manner and to the same extent that the Corporation would have been required to perform if no such transaction or succession had taken place.