Common use of EXCLUSIONS FROM GENERAL INDEMNITY Clause in Contracts

EXCLUSIONS FROM GENERAL INDEMNITY. The indemnity in Clause 2 of this Deed shall be deemed not to provide for, or entitle the Director to, any indemnification that would cause this Deed, or any part of it, to be treated as void under the Act and, in particular, to the extent the liability attaches to the Director in connection with any negligence, default, breach of duty or breach of trust in relation to a Group Company of which he is a director, shall not provide directly or indirectly (to any extent) any indemnity against: (a) any liability incurred by the Director to the Company or any Associated Company (as defined in section 256 of the Act); or (b) any liability incurred by the Director to pay a fine imposed in criminal proceedings or a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or (c) any liability incurred by the Director: (i) in defending any criminal proceedings in which he is convicted; or (ii) in defending any civil proceedings brought by the Company, or an Associated Company, in which judgment is given against him; or (iii) in connection with any application under section 661(3) or section 661(4) or section 1157 of the Act in which the Court refuses to grant him relief, where, in any such case, any such conviction, judgment or refusal of relief has become final. Reference in this Clause 3 to a conviction, judgment or refusal of relief becoming ‘final’ shall be construed in accordance with section 234(5) of the Act.

EXCLUSIONS FROM GENERAL INDEMNITY. The indemnity in Clause 2 of this Deed shall be deemed not to provide for, or entitle the Director Officer to, any indemnification that would cause this Deed, or any part of it, to be treated as void under the Act and, in particular, to the extent the liability attaches to the Director Officer in connection with any negligence, default, breach of duty or breach of trust in relation to a Group Company the company of which he is a directoran officer, shall not provide directly or indirectly (to any extent) any indemnity against: (a) any liability incurred by the Director Officer to the Company or any Associated Company (as defined in section 256 of the Act); or (b) any liability incurred by the Director Officer to pay a fine imposed in criminal proceedings or a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or (c) any liability incurred by the DirectorOfficer: (i) in defending any criminal proceedings in which he is convicted; or (ii) in defending any civil proceedings brought by the Company, or an Associated Company, in which judgment is given against him; or (iii) in connection with any application under section 661(3) or section 661(4) or section 1157 of the Act in which the Court refuses to grant him relief, where, in any such case, any such conviction, judgment or refusal of relief has become final. Reference in this Clause 3 to a conviction, judgment or refusal of relief becoming ‘final’ shall be construed in accordance with section 234(5) of the Act.

EXCLUSIONS FROM GENERAL INDEMNITY. 3.1. The indemnity in Clause 2 of this Deed shall be deemed not to provide for, or entitle the Director Officer to, any indemnification that would cause this Deed, or any part of it, to be treated as void under the Act and, in particular, to the extent the liability attaches to the Director Officer in connection with any negligence, default, breach of duty or breach of trust in relation to a Group Company the company of which he is a directoran officer, shall not provide directly or indirectly (to any extent) any indemnity against: (a) any liability incurred by the Director Officer to the Company or any Associated Company (as defined in section 256 of the Act); or (b) any liability incurred by the Director Officer to pay a fine imposed in criminal proceedings or a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or; (c) any liability incurred by the DirectorOfficer: (i) in defending any criminal proceedings in which he is convicted; or (ii) in defending any civil proceedings brought by the Company, or an Associated Company, in which judgment is given against him; or (iii) in connection with any application under section 661(3) or section 661(4) or section 1157 of the Act in which the Court court refuses to grant him relief, where, in any such case, any such conviction, judgment or refusal of relief has become final; or (d) any liability relating to any taxation or national insurance payable by the Officer in connection with his remuneration or other payments or benefits received from the Company or any Group Company; or (e) the extent that the Officer is entitled to recover from any other person (including under any policy of insurance) any amount in relation to a Claim, unless such amount is contingent on the Officer having first exhausted his rights to indemnification in respect of the relevant liability under this Deed. 3.2. Reference in this Clause 3 to a conviction, judgment or refusal of relief becoming ‘final’ shall be construed in accordance with section 234(5) of the Act.

EXCLUSIONS FROM GENERAL INDEMNITY. The indemnity in Clause 2 of this Deed shall be deemed not to provide for, or entitle the Director to, any indemnification that would cause this Deed, or any part of it, to be treated as void under the Act and, in particular, to the extent the liability attaches to the Director in connection with any negligence, default, breach of duty or breach of trust in relation to a Group Company of which he is a director, shall not provide directly or indirectly (to any extent) any indemnity against: (a) any liability incurred by the Director to the Company or any Associated Company (as defined in section 256 of the Act); or (b) any liability incurred by the Director to pay a fine imposed in criminal proceedings or a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or; (c) any liability incurred by the Director: (i) in defending any criminal proceedings in which he is convicted; or (ii) in defending any civil proceedings brought by the Company, or an Associated Company, in which judgment is given against him; or (iii) in connection with any application under section 661(3) or section 661(4) or section 1157 of the Act in which the Court court refuses to grant him relief, where, in any such case, any such conviction, judgment or refusal of relief has become final; or (d) any liability relating to any taxation or national insurance payable by the Director in connection with his remuneration or other payments or benefits received from the Company or any Group Company; or (e) the extent that the Director is entitled to recover from any other person (including under any policy of insurance) any amount in relation to a Claim, unless such amount is contingent on the Director having first exhausted his rights to indemnification in respect of the relevant liability under this Deed. Reference in this Clause 3 to a conviction, judgment or refusal of relief becoming ‘final’ shall be construed in accordance with section 234(5) of the Act.