Common use of Exception to Indemnity Clause in Contracts

Exception to Indemnity. The indemnity agreement contained in this paragraph 6.2 will not apply to amounts paid in settlement of any Company Liability if such settlement is effected without the consent of the Holder, which consent will not be unreasonably withheld. The indemnification obligation of the Holder will be limited to an amount equal to the proceeds to the Holder of the Warrant Shares sold pursuant to the registration statement.

Exception to Indemnity. The indemnity agreement contained in ---------------------- this paragraph 6.2 4.2 will not apply to amounts paid in settlement of any Company Liability if such settlement is effected without the consent of the HolderSelling Stockholder, which consent will not be unreasonably withheld. The indemnification obligation of the Holder Selling Stockholder will be limited to an amount equal to the proceeds to the Holder Selling Stockholder of the Warrant Shares sold pursuant to the registration statementRegistration Statement. 5.